Minati Samantray v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No.2004 of 2022

1. Minati Samantray

2. Chuina @ Sunita Samantaray ....

Petitioners Mr.S. Mallik, Advocate -versusState of Odisha ....

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

CORAM:

JUSTICE S.K. SAHOO Order No.

ORDER

15.03.2022 01.

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

Heard the learned counsel for the petitioners and learned counsel for the State.

This is an application under section 438 of Cr.P.C. for grant of anticipatory bail to the petitioners in connection with Jankia P.S.

Case No.75 of corresponding to G.R. Case No.286 of 2022 pending in the Court of learned S.D.J.M., Khurda for commission of the alleged offences punishable under sections 498-A, 304-B, 302, 34 of the Indian Penal Code.

Learned counsel for the petitioners submitted that petitioner no.1 is the mother-in-law, petitioner no.2 is the

// 2 // sister-in-law of the deceased respectively and no case under section 302 of the Indian Penal Code is made out against the petitioners and the father of the deceased has instituted a false case against the petitioners to harass them and the husband of the deceased has already been taken into custody and therefore, the anticipatory bail application of the petitioners may be favourably considered.

Learned counsel for the State opposed the prayer for bail.

Considering the submissions made by the learned counsel for the respective parties and the nature and gravity of the accusation against the petitioners, while not inclining to grant anticipatory bail to the petitioners, it is observed that in the event the petitioners surrender and move for bail in the Court below within a period of four weeks from today, the same shall be disposed of by the learned Courts below in accordance with law expeditiously. While adjudicating the bail application, the proviso to section 437(1) of Cr.P.C shall be taken into account. The case records shall be made available to the Courts concerned for disposal of the bail application. The ABLAPL stands disposed of.

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

p ( S.K. Sahoo) Judge P