Anupama Rout v. State Of Odisha
IN THE HIGH COURT OF ORISSA AT CUTTACK
ABLAPL No.563 of 2022
1. Anupama Rout
2. Purnima Rout ....
Petitioners Mr. S.K. Jena, Advocate -versusState of Odisha ....
Opp. Party Mr. D.K. Pani Addl. Standing Counsel Mr. U.C. Jena (for informant)
CORAM:
JUSTICE S.K. SAHOO
ORDER
Order No.
02.02.2022 01.
This matter is taken up by video conferencing mode.
Learned counsel for the petitioners submitted that inadvertently in the cause title, the age of the petitioner no.2, namely, Purnima Rout has been wrongly mentioned as 3755 years. Mr. Mishra, learned counsel for the petitioner submitted that the age of petitioner no.2 is 37 years.
Heard learned counsel for the petitioners and learned counsel for the State as well as learned counsel for the informant.
// 2 // This is an application under section 438 of Cr.P.C. for grant of anticipatory bail to the petitioners in connection with Bhandaripokhari P.S. Case No.02 of 2022 corresponding to G.R. Case No. 42 of 2022 pending in the Court of learned S.D.J.M., Bhadrak for alleged commission of offences under sections 498A/323/307/506/34 of the Indian Penal Code read with section 4 of the D.P. Act.
Perused the F.I.R. annexed to the anticipatory bail application.
Considering the submission made by the learned counsel for the petitioners that the petitioner no.1 is the mother-in-law, petitioner no.2 is the sister-in-law of the informant and due to matrimonial dispute between the parties, the case has been foisted and there are no such materials to attract the ingredients of offence under section 307 of the Indian Penal Code and the offences are triable by Magistrate and keeping in view the proviso to section 437(1) of Cr.P.C. and on hearing the learned counsel for the State, 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 anticipatory bail on furnishing bail bond of Rs.10,000/- (Rupees ten thousand) each with two sureties each for the like amount to the satisfaction
// 3 // 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. p ( S.K. Sahoo) Judge