Srimati Biswas v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No.2819 of 2022 Srimati Biswas ....

Petitioner Mr. J.K. Panda, Advocate -versusState of Odisha ....

Opp. Party Mr. D.K. Pani, Addl. Standing Counsel

CORAM:

JUSTICE S.K. SAHOO Order No.

ORDER

19.04.2022 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 Kalimela P.S. Case No.278 of 2021 corresponding to G.R. Case No.528 of 2021 pending in the Court of learned J.M.F.C., Motu for alleged commission of offences under sections 498-A, 304-B, 306/34 of the Indian Penal Code and section 4 of the Dowry Prohibition Act.

Learned counsel for the petitioner submitted that the petitioner is the mother in-law of the deceased and she has been falsely entangled in the

// 2 // case and therefore, the anticipatory bail application may be favourably considered.

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

Considering the nature of accusation against the petitioner, while not inclining to grant anticipatory bail to the petitioner, liberty is granted to her to surrender and move for bail in the Court below within a period of four weeks from today in the event of which the learned Courts below shall dispose of the same in accordance with law. The case records shall be made available to the Courts concerned for disposal of the bail application. The learned Courts below while disposing of the bail application of the petitioner shall keep in view the proviso to section 437(1) of Cr.P.C. The ABLAPL stands disposed of.

Issue urgent certified copy as per Rules.

( S.K. Sahoo) Judge PKSahoo