Gopinath Maity v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No.622 of 2020

1. Gopinath Maity

2. Ranjita Satapathy ....

Petitioners Mr. R. Panda, Advocate -versusState of Odisha ....

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

CORAM:

JUSTICE S.K. SAHOO

ORDER

11.01.2022 04.

Order No.

This matter is taken up by 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 C.T. Case No.440 of 2019 arising out of Khantapada P.S. Case No.65 of 2019 pending in the Court of learned J.M.F.C. (Rural), Balasore for alleged commission of offences under sections 406/409/ 420/34 of the Indian Penal Code.

Perused the F.I.R.

Learned counsel for the petitioners submitted that petitioner no.1 Gopinath Maity is dead.

// 2 // In view of such submission, the anticipatory bail application so far as petitioner no.1 Gopinath Maity stands disposed of.

So far as petitioner no.2 is concerned, considering the nature of accusation against her, since the offences are triable by Magistrate and the petitioner no.2 is a lady, 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 petitioner no.2 on anticipatory bail and accordingly, this Court directs that in the event of arrest of the petitioner no.2 Ranjita Satapathy 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.

Parties may utilize the soft copy of this order

// 3 // 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 RKM