Prakash Kumar Jena v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No.701 of 2022

1. Prakash Kumar Jena

2. Anita

3. Rout @ Jena

4. Minati Jena

5. Bikash Jena ....

Petitioners Mr.G.Singh, Advocate -versusState of Odisha ....

Opp. Party Mr.A.K. Beura, Addl. Standing Counsel

CORAM:

JUSTICE S.K. SAHOO Order No.

ORDER

21.04.2022 02.

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

Heard the 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 Khaira P.S. Case No.208 of 2021 corresponding to C.T. Case No. 801 of 2021 pending in the Court of learned Special Judge, Balasore for commission of alleged offences under sections 363, 366 of the Indian Penal Code.

Perused the F.I.R. annexed to the anticipatory bail application.

Learned counsel for the petitioners submitted that the ingredients of the offences under which the case has been

// 2 // registered are not made out.

Learned counsel for the State, on the other hand, submitted that though initially the case was registered under the aforesaid offences, but prayer has been made to add some more offences. Considering the statement of the victim in which she has stated that she had gone to her friend's house on her own as she was assaulted by her in-law's family members and the nature of accusation against the petitioners, 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 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.

Issue urgent certified copy as per Rules.

( S.K. Sahoo) Judge PKSahoo