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Orissa High CourtBLAPL/1252/2022disposed off

Braja Kishore Biswal @ Bulu v. State Of Odisha

2022-07-29Mr. Justice Sashikanta Mishra2 pages

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No. 1252 of 2022 Braja Kishore Biswal @ Bulu & Anr.

....

Petitioner Mr. A. Mohanty, Advocate - Versus - State of Odisha ....

Opposite Party Mr. S.K. Mishra, Addl. Standing Counsel Mr. R. Nayak, Advocate (for informant)

CORAM:

JUSTICE SASHIKANTA MISHRA

ORDER

29.07.2022 1.

This matter is taken up through hybrid mode.

Order No.

3.

2.

Heard learned counsel for the petitioner and learned Addl. Standing Counsel for the State.

3.

Learned counsel for the petitioners seeks permission to withdraw the bail application in respect of petitioner no.2, Smt. Kalpalata Biswal @ Kuna. The same is dismissed as withdrawn. 4.

The bail application is taken up for hearing in respect of petitioner no.1- Braja Kishore Biswal @ Bulu. 5.

The petitioner no.1 is in custody since 13.01.2022 in connection with Soro P.S. Case No.486 of 2021 corresponding to C.T. Case No.1035 of 2021 pending in the Court of learned J.M.F.C., Soro for the alleged commission of offence under Sections 498-A/323/313/354/34 of IPC read with Section 4 of D.P. Act. 6.

It is alleged that the petitioner no.1 subjected his wife to physical and mental cruelty in connection with demand for dowry and also threatened her with dire consequence on several occasions. From the statement of the victim recorded under Section 161 Cr.P.C., it appears that the allegations are more against petitioner

no.2 than petitioner no.1.

7.

Considering the submissions as above, the materials on record and the period of detention in custody, I am inclined to allow the prayer for bail. Let the petitioner no.1- Braja Kishore Biswal @ Bulu be released on bail on such terms and conditions as the court in seisin over the matter may deem fit and proper to impose including the condition that he shall personally appear before the trial Court on each date of posting of the case without fail. 8.

BLAPL is accordingly disposed of.

9.

Issue urgent certified copy as per rules (Sashikanta Mishra) Judge A.K. Rana