Promodini Bag @ Promodini Kuanr v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No.2629 of 2022 Promodini Bag @ Promodini Kuanr ....

Petitioner Mr. P.K. Mishra, Advocate -versusState of Odisha & another ....

Opp. Parties Mr. Arupananda Das, Addl. Government Advocate

CORAM:

JUSTICE S.K. SAHOO Order No.

ORDER

05.04.2022 01.

This matter is taken up through Hybrid arrangement (video conferencing/physical mode). Heard the learned counsel for the petitioner and learned counsel for the State.

This is an application under section 438 Cr.P.C. for grant of anticipatory bail to the petitioner in connection with Tusura P.S. Case No.27 of 2022 corresponding to G.R. Case No. 257 of 2022 pending before the learned S.D.J.M., Bolangir for alleged commission of offences under sections 498-A/ 323/294/307/506/34 of the Indian Penal Code read with section 4 of the Dowry Prohibition Act.

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

// 2 // Learned counsel for the petitioner submitted that in the meantime, the first information report has already been registered as Tusura P.S. Case No.27 dated 17.02.2022 under sections 498-A/323/294/ 307/506/34 of the Indian Penal Code read with section 4 of the Dowry Prohibition Act, which was submitted by opposite party no.2 Rimajali Nag. It is further submitted that the petitioner is the married sister-in-law of the informant staying separately at Bhubaneswar and due to matrimonial dispute between the parties, the case has been instituted and there are no such materials against the petitioner so as to attract the ingredients of the offence under section 307 of the Indian Penal Code and therefore, the anticipatory bail application of the petitioner may be favourably considered.

Learned counsel for the State opposed the prayer for anticipatory bail.

Considering the submissions made by the learned counsel for the respective parties, the nature of accusation against the petitioner, the relationship between the parties and since the case arises out of a matrimonial dispute and keeping in view the proviso to section 437(1) of Cr.P.C., I am inclined to release the petitioner on anticipatory bail and accordingly, this Court directs that in the event of arrest of the petitioner in connection with the aforesaid case, she shall be released on bail on furnishing bail bond of

// 3 // Rs.10,000/- (rupees ten thousand) with two sureties each for the like amount to the satisfaction of the arresting officer with further conditions that she shall make herself available for interrogation by the I.O. as and when required and she 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 such facts to the Court or to the Investigating Officer.

Violation of any of the above conditions shall entail cancellation of bail.

The ABLAPL is accordingly disposed of.

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

( S.K. Sahoo) Judge PKSahoo