Hrudananda Behera v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No.2027 of 2022 Hrudananda Behera and another ....

Petitioners Mr. S.K. Nayak, Advocate -versusState of Odisha ....

Opp. Party Mr. S. Patra, A.S.C.

CORAM:

JUSTICE A.K. MOHAPATRA Order No.

ORDER

12.08.2022 02.

1.

This matter is taken up through Hybrid Arrangement (Virtual /Physical Mode).

2.

Heard learned counsel for the petitioners and learned Additional Standing Counsel for the State.

3.

This is an application under Section 438, Cr.P.C. filed by the petitioners for anticipatory bail.

4.

The petitioners are seeking pre-arrest bail in connection with G.R. Case No.2878 of 2021 arising out of Tihidi P.S. Case No.408 of 2021 pending in the court of learned S.D.J.M., Bhadrak for commission of offence punishable under Sections 498-A/294/323/324/506/34, I.P.C. read with Section 4 of the D.P. Act.

5.

It is submitted by learned counsel for the petitioners that the petitioner no.1-Hrudananda Behera is the elder brother of the husband of the informant and the petitioner no.2 is the brother-in-law of the informant.

6.

Considering the nature of allegation, gravity of offence and the

// 2 // fact of the case, I am not inclined to grant anticipatory bail to the petitioners. However, it is directed that in the event the petitioners surrender before the learned court in seisin over the matter within a period of three weeks from today in the aforesaid case, they shall be released on bail on such terms and conditions as would be deemed just and proper with further conditions that petitioners shall not harass, torture, threaten or terrorize the informant and his/her family members in any manner whatsoever while on bail and they shall also lookafter well being by the petitioners and shall provide maintenance in sustenance of the informant-wife while on bail. Violation of any of the terms and conditions shall entail cancellation of bail.

7.

Accordingly, the ABLAPL is disposed of.

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

( A.K. Mohapatra) Judge Jagabandhu