Mina Sahoo v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No.3374 of 2022

1. Mina Sahoo

2. Sanjukta Nayak @ Sanjubala Nayak

3. Lipi Nayak

4. Jhunupriya Rout @ ....

Petitioners Jhunubala Rout Mr.A.K. Karmi, Advocate -versusState of Odisha ....

Opp. Party Mr.J.P.Patra, Addl. Standing Counsel Mr. D.Mohapatra, Advocate (for the informant)

CORAM:

JUSTICE S.K. SAHOO Order No.

ORDER

10.05.2022 01.

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

This is an application under section 438 Cr.P.C. for grant of anticipatory bail to the petitioners in connection with Raghunathpur P.S. Case No.38 of 2022 corresponding to G.R. Case No.36 of 2022 pending in the Court of learned J.M.F.C., Grama Nyayalaya, Raghunathpur for alleged commission of

// 2 // offences under sections 341, 294, 323, 427, 379, 307, 354-B, 452/34 of the Indian Penal Code.

Perused the F.I.R. annexed to the anticipatory bail application.

Learned counsel for the State on instruction submitted that notices as contemplated under section 41A of Cr.P.C. have been served on the petitioners nos.1, 2 and 3 and they have complied with the terms of the notices and therefore, there is no apprehension of arrest of the petitioners nos. 1, 2 and 3 in connection with this case.

Considering the submission made by the learned counsel for the petitioners that the petitioner no.4 Jhunupriya Rout @ Jhunubala Rout is a lady and the submission made by the learned counsel for the State that the injured Sukanta Kumar Sahoo has sustained simple injuries and keeping in view the proviso to section 437(1) of Cr.P.C, I am inclined to release the petitioner no.4 on anticipatory bail and accordingly, this Court directs that in the event of arrest of the petitioner no.4 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

// 3 // 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.

Violation of any of the above conditions shall entail cancellation of bail.

The ABLAPL is accordingly disposed of.

Issue urgent certified copy as per Rules.

PKSahoo ( S.K. Sahoo) Judge