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Orissa High CourtABLAPL/514/2022allowed

Prafulla Sethi@ Prafulla Chandra Sethi v. State Of Odisha

2022-02-02Mr. Justice S.K.Sahoo3 pages

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No.514 of 2022

1. Prafulla Sethi @ Prafulla Chandra Sethi 2.Manjulata Sethi

3. Khirod Sethi

4. Ranjan Sethi

5. Anjali Sethi

6. Arati Sethi @ Nini

7. Manasi @ Manarani Sethi

8. Gourirani @ Gunarani Sethi

9. Rinarani Sethi @ Jyosthanamayee Sethi ....

Petitioners Mr.A.K. Jena, Advocate -versusState of Odisha ....

Opp. Party Mr.J.P.Patra, Addl. Standing Counsel

CORAM:

JUSTICE S.K. SAHOO Order No.

ORDER

02.02.2022 01.

This matter is taken up through video conferencing mode.

Heard Learned counsel for the petitioners and the learned counsel for the state.

This is an application under section 438 Cr.P.C. for grant of anticipatory bail to the petitioners in

// 2 // connection with Pattamundai P.S. Case No. 582 of 2021 corresponding to G.R. Case No.582 of 2021 pending in the Court of learned J.M.F.C., Pattamundai, Kendrapara for commission of alleged offences under sections 498-A, 294, 323, 506/34 of the Indian Penal Code and section 4 of the Dowry Prohibition Act. Learned counsel for the petitioners submitted that the father's name of petitioner no.4 Ranjan Sethi is Prafulla Sethi, but inadvertently it has not been noted down in the cause title of the anticipatory bail application. Learned counsel further submitted that the petitioners are the in-laws of the informant and the main allegation is against the husband of the informant and the case arises out of a matrimonial dispute and the offences are triable by Magistrate 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, the case arises out of a matrimonial dispute between the parties and the fact that 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

// 3 // furnishing bail bond of Rs.10,000/-(rupees ten thousand) each with two sureties each 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 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