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Orissa High CourtABLAPL/1452/2021allowed

Shubhakam Hota v. State Of Odisha

2022-02-15Mr. Justice S.K.Sahoo2 pages

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No.1452 of 2021

1. Shubhakam Hota

2. Ramesh Chandra Hota

3. Renubala Tripathy

4. Mamata Hota

5. Bedamayee Hota ....

Petitioners Mr.R.K. Dash, Advocate -versusState of Odisha ....

Opp. Party Mr.J.P. Patra, Addl. Standing Counsel

CORAM:

JUSTICE S.K. SAHOO Order No.

ORDER

15.02.2022 03.

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

Heard 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 Salepur P.S. Case No.17 of 2021 corresponding to G.R. Case No. 56 of 2021 pending in the Court of learned J.M.F.C., Salepur for alleged commission of offences under sections 498-A, 323, 307, 406, 506/34 of the Indian Penal Code and section 4 of Dowry Prohibition Act.

// 2 // Perused the F.I.R. annexed to the anticipatory bail application.

Learned counsel for the State submits that he has not received the case diary and the injury report and therefore, he may be given some time to obtain the same.

The case was filed on 01.02.2021 and interim protection was granted to the petitioners on 03.03.2021 and therefore, I am not inclined to grant any further time to the learned counsel for the State.

The case arises out of a matrimonial dispute basing on a complaint petition.

Taking into account the nature of accusation against the petitioners and the fact that petitioner no.1, who is the husband of the complainant, is a M.Tech qualified Engineer being engaged as a Teacher in DRIMS Poly Technic Institute at Tangi in the district of Cuttack, petitioner nos.2 and 3 are the old ailing parents of petitioner no.1 and retired school teachers, petitioner no.4 is the sister in-law (husband's elder brother's wife) and petitioner no.5 is the married sister of petitioner no.1, the interim order dated 03.03.2021 is made absolute.

The ABLAPL is accordingly disposed of.

Issue urgent certified copy as per Rules.

( S.K. Sahoo) Judge PKSahoo