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2025 DAILYLAW 4866 (ORI)

SIBUN KUMAR JENA v. STATE OF ODISHA

BLAPL/10418/2025 · 2026-02-09

Gourishankar Satapathy

body2025

Judgment text

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p. 1 IN THE HIGH COURT OF ORISSA AT CUTTACK BLAPL No.10418 of 2025 Sibun Kumar Jena … Petitioner Mr. Md. G. Madani, Advocate -versus- State of Orissa … Opposite Party Mr. C. Mohanty, Addl. PP Mr. A.K. Sahoo, Advocate (Informant) CORAM: JUSTICE G. SATAPATHY Order No. ORDER(ORAL) 09.02.2026 05. 1. This matter is taken up through Hybrid Arrangement (Virtual/Physical Mode). 2. This is a bail application U/S.483 of BNSS by the petitioner for grant of bail in connection with Dhamnagar PS Case No.138 of 2025 corresponding to GR Case No.302 of 2025 pending in the file of learned JMFC, Dhamnagar, for commission of offences punishable U/Ss.85/80(2)/108/3(5) of BNS r/w Section 4 of DP Act, on the main allegation of committing dowry death and abetment of suicide of his wife by subjecting her to torture and cruelty for demand of dowry, along with co-accused persons in furtherance of their common intention. 3. Heard, Mr. Md. Golam Madani, learned counsel for the petitioner; Mr. Ajit Kumar Sahoo, learned counsel, who enters appearance for the informant in the Court today by filing Vakalatnama, which is taken p. 2 on record and Mr. C. Mohanty, learned Additional Public Prosecutor in the matter and perused the record. 4. After having considered the rival submissions upon perusal of record, there appears allegation against the petitioner for committing dowry death and abetting commission of suicide of his wife, but in the PM report, the doctor has opined that the two injuries were ante mortem in nature, but the first injury was consistent with that of a mark caused by compression of neck with a ligature material and the second injury could have been caused due to hard and blunt trauma by a cylindrical elongated object. Right now, the trial is yet to commence and material witnesses are yet to be examined. In that view of the matter and taking into consideration the nature and gravity of the offences as alleged against the petitioner vis-à-vis the allegation sought to be brought against him and regard being had to the materials placed on record and taking into account the unnatural death of the deceased in her matrimonial home within seven years of marriage, this Court is not inclined to grant bail to the petitioner. 5. Hence, the bail application of the petitioner stands rejected. Accordingly, the BLAPL stands disposed of. A copy of this order be immediately transmitted to the learned Court in seisin over the matter for reference. (G. Satapathy) Judge Subhasmita Designation: Sr. Stenographer