Santini Padhy v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No.2843 of 2022 Santini Padhy ....

Petitioner Mr. A.U. Senapati, Advocate -versusState of Odisha ....

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

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 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 Pattapur P.S. Case No.70 of 2022 corresponding to G.R. Case No. 70 of 2022 pending before the learned Grama Nyayalaya-cum-J.M.F.C., Sanakhemundi for alleged commission of offences under sections 294, 452, 323, 354, 307, 506/34 of the Indian Penal Code.

Learned counsel for the petitioner submitted that the main allegation of assault is against one Gorachand Padhy, the husband of the petitioner and

// 2 // the injured has already been discharged from the hospital and therefore, in view of the nature of accusation and as the case was instituted on account of civil dispute between the parties in connection with partition of properties, 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 civil dispute between the parties 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 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.

// 3 // 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