Akshaya Kumar Pradhan v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No.1379 of 2021

1. Akshaya Kumar Pradhan

2. Smt. Subasini Pradhan ....

Petitioners Mr. P.K. Nayak, Advocate -versusState of Odisha ....

Opp. Party Mr. D.K. Pani, Addl. Standing Counsel Mr. B. Nayak (for informant)

CORAM:

JUSTICE S.K. SAHOO Order No.

ORDER

09.02.2022 06.

This matter is taken up through Hybrid arrangement (video conferencing/physical mode). Heard learned counsel for the petitioners and learned counsel for the State as well as learned counsel for the informant.

This is an application under section 438 of Cr.P.C.

for grant of anticipatory bail to the petitioners in connection with Udit Nagar P.S. Case No.18 of 2021 corresponding to G.R. Case No.109 of 2021 pending in the court of learned S.D.J.M., Panposh for alleged commission of offences under

// 2 // sections 498-A/304-B/302/34 of the Indian Penal Code read with section 4 of the D.P. Act.

Learned counsel for the petitioners submitted that after completion of investigation, charge sheet has been submitted against the petitioners under sections under sections 498-A/304-B/302/34 of the Indian Penal Code read with section 4 of the D.P. Act and the husband of the deceased has been arrested and released on bail and the petitioners are the parents-in-laws of the deceased and the petitioners may be permitted to surrender in the Court below and move for bail and the claim of parity may be taken into account while adjudicating the bail application Learned counsel for the State so also learned counsel for the informant opposed the prayer for bail.

Considering the submissions made by the learned counsel for the respective parties and in view of the nature and gravity of accusation against the petitioners, while not inclining to grant anticipatory bail to the petitioners, I direct that in the event the petitioners surrender before the learned Court below within a period of four weeks from today and move for bail, the same shall be considered in accordance with law expeditiously and claim of parity with the co-accused, who is stated to have been released on

// 3 // bail, shall be taken into account at the time of adjudication of the bail application. The case records shall be made available to the Court concerned. The ABLAPL stands disposed of.

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

( S.K. Sahoo) Judge p