Sanjaya Kumar Mohapatra v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No.2211 of 2022

1. Sanjaya Kumar Mohapatra

2. Sradhanjali Nayak @ ....

Petitioners Mohapatra Mr.S.K. Dash, Advocate -versusState of Odisha ....

Opp. Party Mr.P.K. Mohanty, Addl. Standing Counsel

CORAM:

JUSTICE S.K. SAHOO Order No.

ORDER

30.03.2022 02.

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 Cr.P.C. for grant of anticipatory bail to the petitioners in connection with Dhamnagar P.S. Case No.78 of 2022 corresponding to G.R. Case No. 125 of 2022 pending in the Court of learned J.M.F.C., Dhamnagar for commission of alleged offences under sections 363, 366/34 of the Indian Penal Code. Perused the F.I.R. annexed to the anticipatory bail application.

Learned counsel for the State placed the 161 Cr.P.C. statement of the victim from which it appears that she was in love with petitioner no.1 and she went to the house of

// 2 // petitioner no.1 one day and insisted him to take her away and marry her, but the petitioner no.1 did not agree and she stayed in the house of petitioner no.1 for two days and again came back to her own house.

Considering the submission made by the learned counsel for the State and the 161 Cr.P.C. statement of the victim, 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 entail cancellation of bail.

The ABLAPL is accordingly disposed of.

Issue urgent certified copy as per Rules.

( S.K. Sahoo) Judge PKSahoo