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Orissa High CourtABLAPL/1363/2022allowed

Priyambada Nayak @ Soudamini Nayak v. State Of Odisha

2022-02-16Mr. Justice S.K.Sahoo3 pages

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No. 1363 of 2022 Priyambada Nayak @ Soudamini Nayak ....

Petitioner Mr.M. Panda, Advocate -versusState of Odisha ....

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

CORAM:

JUSTICE S.K. SAHOO

ORDER

Order No.

16.02.2022 01.

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

Heard Mrs.

Manasi Panda, learned counsel appearing 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 Jajpur Sadar P.S. Case No.19 of 2016 corresponding to G.R. Case No.161 of 2016 pending in the Court of learned S.D.J.M., Jajpur for alleged commission of offences under sections 498(A)/506/ 323/494/34 of the Indian Penal Code read with section 4 of the D.P. Act.

// 2 // Perused the F.I.R..

Considering the submission made by the learned counsel for the petitioner that the case arises out of a complaint petition which was sent to the Inspector-in-charge of Jajpur Sadar police station under section 156(3) of Cr.P.C. whereafter, the P.S. case was registered and the petitioner is the alleged second wife of the husband of the complainant and the offences are triable by Magistrate and the petitioner is a lady, keeping in view the proviso to section 437(1) of 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 one surety 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 such facts to the Court or to the Investigating Officer.

Violation of any of the above conditions shall

// 3 // entail cancellation of bail.

The ABLAPL is accordingly disposed of.

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

( S.K. Sahoo) Judge p