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Orissa High CourtABLAPL/156/2022allowed

Sandhya Rani Samanta @ Jena v. State Of Odisha

2022-03-08Mr. Justice S.K.Sahoo2 pages

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No.156 of 2022 Sandhya Rani Samanta @ Jena ....

Petitioner Mr. P.C. Jena, Advocate -versusState of Odisha ....

Opp. Party Mr. S.S. Pradhan, Addl. Government Advocate

CORAM:

JUSTICE S.K. SAHOO Order No.

ORDER

08.03.2022 01.

This matter is taken up through Hybrid arrangement (video conferencing/physical mode).

Heard learned counsel for the petitioner and learned counsel for the State.

This is an application under section 438 Cr.P.C. for grant of anticipatory bail to the petitioner in connection with Basta P.S. Case No.259 of 2021 corresponding to C.T. Case No.565 of 2021 pending in the Court of learned J.M.F.C., Basta for alleged commission of offence under section 380 of the Indian Penal Code.

Perused the F.I.R.

Considering the submission made by the learned counsel for the petitioner that the petitioner is the wife of the informant and it is a case and counter case and due to matrimonial dispute, the case has been foisted and the

// 2 // cases are also pending between the parties before the learned Judge, Family Court, Balasore and the fact that the offence is triable by Magistrate and taking into account the proviso to section 437(1) Cr.P.C. and on hearing the learned counsel for the State, I am inclined to release the petitioner on anticipatory bail and accordingly, this Court directs that in the event of arrest of the petitioner in connection with the aforesaid case, she shall be released on bail on furnishing bail bond of Rs.10,000/- (rupees ten thousand) with two sureties each for the like amount to the satisfaction of the arresting officer with further conditions that she shall make herself available for interrogation by the I.O. as and when required and she 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.

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

( S.K. Sahoo) Judge RKM