Nibedita Behera v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No.1251 of 2022

1. Nibedita Behera

2. Dinabandhu Rout ....

Petitioners Mr. Jagabandhu Sahoo, Senior Advocate -versusState of Odisha ....

Opp. Party Smt. Susamarani Sahoo, Addl. Standing Counsel

CORAM:

JUSTICE S.K. SAHOO Order No.

ORDER

11.05.2022 05.

This matter is taken up through Hybrid arrangement (video conferencing/physical mode). Heard Mr. Jagabandhu Sahoo, learned Senior Advocate appearing for the petitioners and Smt.

Susamarani Sahoo, learned Additional Standing Counsel for the State of Odisha.

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.554 of 2022 arising out of Baripada Town P.S. Case No.228 of 2022 pending in the Court of learned S.D.J.M., Baripada for alleged commission of offences under sections 366/376(2)(n)/386/406/420/34 of the Indian Penal Code.

Perused the F.I.R. which is registered on the basis

// 2 // of the order passed by the learned S.D.J.M., Baripada under section 156(3) of Cr.P.C. in 1.C.C. Case No.178 of 2021.

Learned counsel for the State produced the case diary and placed the 164 Cr.P.C. statement of the victim from which it appears that though her marriage with petitioner no.2 Dinabandhu Rout was fixed but since it could not be solemnized, a false first information report was lodged by her father. It seems that the victim has not alleged anything against any of the petitioners relating to the commission of offences under which the Baripada Town P.S. Case No.228 of 2022 has been registered.

In view of the submissions made by the learned counsel for the respective parties, since the victim has given a clean chit to 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 such facts to the Court or to the Investigating Officer.

Violation of any of the above conditions shall entail

// 3 // cancellation of bail.

The ABLAPL is accordingly disposed of.

Urgent certified copy of this order be granted on proper application.

( S.K. Sahoo) Judge RKM