Durgamani@ Durga Bindhani v. State Of Odisha
IN THE HIGH COURT OF ORISSA AT CUTTACK
ABLAPL No. 8 of 2022
1. Durgamani @ Durga Bindhani
2. Jahar Lal Lohar Petitioners ....
Mr. R.N. Rout, Advocate -versusState of Odisha ....
Opp. Party Mr. J.P. Patra Addl. Standing Counsel
CORAM:
JUSTICE S.K. SAHOO Order No.
ORDER
27.01.2022 01.
This matter is taken up through video conferencing mode.
Heard learned counsel for the petitioners and learned counsel for the State.
This is an application under section 438 Cr.P.C. for grant of anticipatory bail to the petitioners in connection with Rourkela Mahila P.S. Case No.32 of 2021 corresponding to G.R. Case No.1648 of 2021 pending in the Court of learned S.D.J.M., Panposh for alleged commission of offences under sections 498A/342/323/294/354/354-A/354-B/506/307/34 of the
// 2 // Indian Penal Code read with section 4 of the D.P. Act. Perused the F.I.R.
Learned counsel for the petitioners submitted that petitioner no.1 is the mother-in-law and petitioner no.2 is the brother-in-law of the informant and the husband of the informant was taken into custody in connection with this case and he has already been released on bail and due to matrimonial dispute between the parties, the case has been foisted and the offences are triable by Magistrate and therefore, the anticipatory bail application of the petitioners may be favourably considered.
Learned counsel for the State opposed the prayer for anticipatory bail.
Considering the submissions made by the respective parties, the nature of accusation against the petitioners and the release of co-accused on bail and since the offences are triable by Magistrate, I am inclined to release the petitioners on anticipatory bail and accordingly, this Court directs that in the event of arrest of the petitioners in connection with the aforesaid case, they shall be released on bail on furnishing bail bond of Rs.10,000/- (rupees ten thousand) each with two sureties for the like amount to the satisfaction of the arresting officer with further conditions that they shall make themselves available for interrogation by the I.O. as and when required
// 3 // and they shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to the Investigating Officer.
Violation of any of the above conditions shall entail cancellation of bail.
The ABLAPL is accordingly disposed of.
Parties may utilize the soft copy of this order available in the High Court's website or print out thereof at par with certified copy in the manner prescribed vide Office Order dated 7th January 2022. p ( S.K. Sahoo) Judge