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Orissa High CourtABLAPL/1646/2022allowed

Sumita Devi v. State Of Odisha

2022-02-28Mr. Justice S.K.Sahoo3 pages

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No. 1646 of 2022

1. Sumita Devi

2. Poonam Rani

3. Vandana Bharti ....

Petitioners Mr.M.R. Dhal, Advocate -versusState of Odisha ....

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

CORAM:

JUSTICE S.K. SAHOO

ORDER

Order No.

28.02.2022 01.

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 Saheednagar P.S. Case No. 31 of 2022 corresponding to C.T. Case No. 579 of 2022 pending in the Court of learned S.D.J.M., Bhubaneswar for alleged commission of offences under sections 498-A, 34 of the Indian Penal Code and section 4 of the Dowry

// 2 // Prohibition Act.

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

Considering the submission of the learned counsel for the petitioners that the petitioner no.1 is the mother in-law and petitioner nos. 2 and 3 are the sisters-in-law of the informant respectively, the case arises out of a matrimonial dispute and keeping in view the nature of accusation and proviso to section 437(1) of Cr.P.C. and the fact that the offences are triable by Magistrate and on hearing the learned counsel for the State, 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 any facts to the Courts 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.

p ( S.K. Sahoo) Judge