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Orissa High CourtABLAPL/1314/2022allowed

Lopamudra Nayak v. State Of Odisha

2022-02-15Mr. Justice S.K.Sahoo3 pages

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No. 1314 of 2022 Lopamudra Nayak ....

Petitioner Mr.S.R. Mohapatra, Advocate -versusState of Odisha ....

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

CORAM:

JUSTICE S.K. SAHOO

ORDER

Order No.

15.02.2022 01.

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

This is an application under section 438 Cr.P.C. for grant of anticipatory bail to the petitioner in connection with G.R. Case No.113 of 2022 arising out of Kumbharpada P.S. Case No.23 of 2022 pending in the Court of learned S.D.J.M., Puri for alleged commission of offences under sections 498-A/294/323/494/506/34 of the Indian Penal Code read with section 4 of the D.P.Act.

Perused the F.I.R.

Considering the submission made by the learned

// 2 // counsel for the petitioner that the offences are triable by Magistrate and the petitioner is the alleged second wife of the informant's husband and the case has been fabricated against the petitioner on account matrimonial dispute between the parties and keeping in view the proviso to section 437(1) Cr.P.C. and on hearing the learned counsel for the State, I am inclined to release the petitioner on anticipatory bail and accordingly, this Court directs that in the event of arrest of the petitioner 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 any facts to the Courts or to the Investigating Officer. Violation of any of the conditions shall entail cancellation of bail.

The ABLAPL is accordingly disposed of.

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

p ( S.K. Sahoo) Judge

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