Ramesh Chandra Jena@ Ramesh Jena v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No.2880 of 2022 Ramesh Chandra Jena @ Ramesh Jena & others ....

Petitioners Mr.Asok Mohanty,Advocate -versusState of Odisha ....

Opp. Party Mr.S.Mishra, A.S.C.

Mr.N.Behuria, Advocate for informant

CORAM:

JUSTICE A.K. MOHAPATRA Order No.

ORDER

16.08.2022 03.

1.

This matter is taken up through Hybrid Arrangement (Virtual /Physical Mode).

2.

Heard learned counsel for the Petitioners and the learned Additional Standing Counsel. Perused the records. 3.

This is an application under Section 438 Cr.P.C. filed by the Petitioners for anticipatory bail.

4.

It is submitted by the learned counsel for the Petitioners that the Petitioner Nos. 1 & 2 are father-in-law and mother-in-law of the informant and they had neither demanded any dowry from the informant nor instigated their son to torture the informant. It is also submitted by the learned counsel for the Petitioners that Petitioner No.3 is the sister-in-law of the informant and she is a Judicial Officer and Petitioner No.4 is the brother-in-law of the informant and he is

// 2 // also a Judicial Officer. It is further submitted by the learned counsel for the Petitioners that the Petitioners are no way connected with the alleged offences and on plain reading of the F.I.R., it is seen that no ingredients of the alleged offences are made out against the Petitioners and the allegations made in the F.I.R. are omnibus in nature.

6.

Considering the nature of allegations made, gravity of the offence and the fact of the case, I am not inclined to grant anticipatory bail to the Petitioners. However, it is directed that in the event the Petitioners surrender before the learned S.D.J.M., Talcher in G.R.Case No.468 of 2022 arising out of Talcher P.S.Case No.140 of 2022 within a period of three weeks from today and move for bail, they shall be released on bail on such terms and conditions as would be deemed just and proper by the learned Magistrate with further condition that they shall not threaten, influence, terrorise or harass the informant and her family members in any manner whatsoever. They shall also cooperate with the investigation of the case and shall appear before the trial court on each and every date fixed. Violation of any conditions shall entail cancellation of bail. 7.

Accordingly, the ABLAPL is disposed of.

8.

Issue urgent certified copy of this order as per Rules. ( A.K. Mohapatra) Judge RKS