Satyabhama@ Madhabi Pradhan v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No.767 of 2022

1. Satyabhama @ Madhabi Pradhan

2. Malati @ Bharati Pradhan ....

Petitioners Md. G.Madani Advocate -versusState of Odisha ....

Opp. Party Mr.Arupananda Das Addl. Government Advocate

CORAM:

JUSTICE S.K. SAHOO Order No.

ORDER

03.02.2022 01.

This matter is taken up through video conferencing.

Heard the learned counsel for the petitioners and learned counsel for the State.

This is an application under section 438 of Cr.P.C. for grant of anticipatory bail to the petitioners in connection with Dhamnagar P.S. Case No.196 of 2021 corresponding to G.R. Case No.339 of 2021 pending in the Court of learned J.M.F.C., Dhamnagar for commission of the alleged offences punishable under sections 302, 304-B, 498-A, 294, 323, 506/34 of the Indian Penal Code and section 4 of the Dowry

// 2 // Prohibition Act.

It is a case under sections 302 and 304-B of the Indian Penal Code and the petitioner no.1 is the mother in-law and petitioner no.2 is the sister in-law of the deceased.

Learned counsel for the petitioners submitted that some of the co-accused persons, who approached this Court for grant of anticipatory bail in ABLAPL No. 8780 of 2021, have been granted anticipatory bail vide order dated 03.11.2021 and therefore, the anticipatory bail application of the petitioners may be favourably considered.

Learned counsel for the State, on the other hand, has opposed the prayer for anticipatory bail. Considering the submissions made by the learned counsel for the respective parties and the nature of accusation against the petitioners, while not inclining to grant anticipatory bail to the petitioners, it is observed that in the event the petitioners surrender and move for bail in the Court below within a period of four weeks from today the same shall be disposed of by the learned Courts below in accordance with law expeditiously. While adjudicating the bail application, the proviso to section 437(1) of Cr.P.C. and the claim of parity with the co-accused persons, who have been granted anticipatory bail, shall be taken into account. The case records shall be made available to the Courts concerned for disposal of the bail application.

// 3 // The ABLAPL stands 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