Dhruba Charan Barik v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No.69 of 2022 Dhruba Charan Barik ....

Petitioner Mr. S.N. Mishra-4, Advocate -versusState of Odisha ....

Opp. Party Mr. S. Patra, A.S.C.

CORAM:

JUSTICE A.K. MOHAPATRA Order No.

ORDER

25.07.2022 02.

1.

This matter is taken up through Hybrid Arrangement (Virtual /Physical Mode).

2.

Heard learned counsel for the petitioner and learned Additional Standing Counsel for the State.

3.

This is an application under Section 438, Cr.P.C. filed by the petitioner for anticipatory bail.

4.

The petitioner seeking pre-arrest bail in connection with G.R. Case No.787 of 2021, arising out of Kasia Marine P.S. Case No.134 of 2021 pending in the court of learned J.M.F.C., Basudevpur for commission of offence punishable under Sections 498-A/302/304-B/34, I.P.C. read with Section 4 of the D.P. Act.

5.

It is submitted learned counsel for the petitioner that the petitioner the father-in-law of the victim and he is aged about 60 years. It is further submitted that daughter-in-law, who had married the son of the present petitioner, committed suicide inside the room. So far as the present petitioner is concerned, it is submitted that he is no way involved in the present crime. It is also submitted that the husband, who

// 2 // is the principal accused has already been arrested and in custody. 6.

Learned counsel for the State, on the other hand, opposes the bail application of the petitioner on the ground that the allegations made serious in nature.

7.

Considering the nature of allegation, gravity of offence and the fact of the case and its entirety there is no facts and circumstances of the present case, I am not inclined to grant anticipatory bail to the petitioner. However, it is directed that in the event the petitioner surrender before the learned court in seisin over the matter within a period of three weeks from today in the aforesaid case, he shall be released on bail on such terms and conditions as would be deemed just and proper.

8.

Accordingly, the ABLAPL is disposed of.

Urgent certified copy of this order be granted on proper application.

Jagabandhu ( A.K. Mohapatra) Judge