Santu@ Santosh Kumar Patra v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No.184 of 2022

1. Santu @ Santosh Kumar Patra

2. Mangulu @ Parsuram Patra

3. Smt. Basanti Patra

4. Smt. Mamina Patra ....

Petitioners Mr.R.N. Singh, Advocate -versusState of Odisha ....

Opp. Party Mr. D.K. Pani, Addl. Standing Counsel

CORAM:

JUSTICE S.K. SAHOO Order No.

ORDER

31.01.2022 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 Oupada P.S. Case No.91 of 2021 corresponding to C.T. Case No.475 of 2021 pending before the learned S.D.J.M., Nilagiri for commission of alleged offences under sections 341, 323, 307, 506/34 of the Indian Penal Code.

// 2 // Learned counsel for the petitioners submitted that the F.I.R. was lodged against four persons including petitioner No.4 Smt. Mamina Patra and the other three F.I.R. named accused persons were taken to custody and they have already been released on bail and there are no such injuries to attract the ingredients of the offence under section 307 of the Indian Penal Code and petitioner Nos. 1, 2 and 3, namely, Santu @ Santosh Kumar Patra, Mangulu @ Parsuram Patra and Smt. Basanti Patra respectively even though are not named in the F.I.R. but some of the witnesses implicated them in their statements recorded under section 161 Cr.P.C. for which the petitioners are apprehending their arrest and therefore, the prayer for anticipatory bail may be favourably considered.

Learned counsel for the State opposed the prayer for anticipatory bail.

Considering the submissions made by the learned counsel for the respective parties, nature of accusation against the petitioners and release of the co-accused persons on bail, 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 each for the like amount to the

// 3 // satisfaction of the arresting officer with further conditions that they shall make themselves available for interrogation by the I.O. as and when required 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 any facts to the Courts 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. ( S.K. Sahoo) Judge PKSahoo