Reena @ Annapurna Bhoi v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No.2927 of 2021 Reena @ Annapurna Bhoi ....

Petitioner Mr. S.N. Mishra, Advocate -versus- ....

Opp. Party State of Odisha Mr. D.K. Pani, Addl. Standing Counsel

CORAM:

JUSTICE S.K. SAHOO Order No.

ORDER

07.04.2022 04.

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 Brahmagiri P.S. Case No.167 of 2020 corresponding to G.R. Case No.2792 of 2020 pending in the Court of learned S.D.J.M., Puri for alleged commission of offences under sections 147/148/294/ 323/324/325/326/307/302/506/149 of the Indian Penal Code.

Perused the F.I.R.

Learned counsel for the State submitted that he

// 2 // has received the case diary and there are eye witnesses to the occurrence and they have stated that co-accused persons Sarbeswar Bhoi and Sameer Kandi caught hold of the deceased Surendra Bhoi and coaccused Rabi Bhoi assaulted the deceased by means of a spade and the petitioner along with number of other co-accused persons were present at the time of quarrel, which arose due to digging of earth for taking water pipe connection.

Considering the submissions made by the learned counsel for the respective parties, the nature of accusation against the petitioner, since the petitioner is a lady and she has been granted interim protection since 23.03.2021 and there is no accusation that she has misutilized her liberty and keeping in view the proviso to section 437(1) Cr.P.C., the interim order dated 23.03.2021 is made absolute. The ABLAPL is accordingly disposed of.

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

( S.K. Sahoo) Judge RKM