Rabindra Nath @ Rabi Mahapatra v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No.3049 of 2021

1. Rabindra Nath @ Rabi Mahapatra

2. Benu Mahapatra

3. Sanjaya Mahapatra

4. Dasarathi Mahapatra ....

Petitioners Mr. J. Sahoo, Advocate -versusState of Odisha ....

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

CORAM:

JUSTICE S.K. SAHOO Order No.

ORDER

16.03.2022 03.

This matter is taken up through Hybrid arrangement (video conferencing/physical mode). Heard learned counsel for the petitioners and learned counsel for the State.

This is an application under section 438 Cr.P.C. for grant of anticipatory bail to the petitioners in connection with Ranpur P.S. Case No.37 of 2021 corresponding to G.R. Case No.57 of 2021 pending in the Court of learned J.M.F.C., Ranpur for alleged commission of offences under sections 341/323/324/325/294/506/34 of the Indian Penal Code.

Perused the F.I.R.

Learned counsel for the petitioners submitted that

// 2 // the informant and the petitioners are neighbours and due to previous dispute between the parties, the case has been foisted and the offences are triable by Magistrate and therefore, the anticipatory bail application of the petitioners may be favourably considered.

When a query was made to the learned counsel for the State about the injuries sustained by the injured, it is submitted that no instruction has yet been received. Since the case was filed on 08.03.2021 and taken up on 24.03.2021, on which date interim order was passed and almost a year has passed in the meantime and in spite of that the learned counsel for the State is not able to obtain instruction, the interim order dated 24.03.2021 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