Sabita Nayak v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No.2742 of 2022 Sabita Nayak ....

Petitioner Mrs. Manasi Mohapatra, Advocate -versusState of Odisha ....

Opp. Party Mr. J.P. Patra, Addl. Standing Counsel

CORAM:

JUSTICE S.K. SAHOO Order No.

ORDER

06.04.2022 01.

This matter is taken up through Hybrid arrangement (video conferencing/physical mode). Heard 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 Basudebpur P.S. Case No.45 of 2022 corresponding to G.R. Case No.95 of 2022 pending in the Court of learned J.M.F.C., Basudebpur for alleged commission of offences under sections 307, 294, 506/34 of the Indian Penal Code.

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

Considering the submission made by the learned

// 2 // counsel for the petitioner that the petitioner and the informant are the co-sister in-laws and there was family dispute between the parties relating to the pension amount of the father-in-law, there are no such material to attract the ingredients of the offence under section 307 of the Indian Penal Code and keeping in view the proviso to section 437(1) of Cr.P.C and on hearing the learned counsel for the State, 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 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.

Issue urgent certified copy as per Rules.

( S.K. Sahoo) Judge

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