Ajaya Kuamr Nayak v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No.4099 of 2021

1. Ajaya Kumar Nayak

2. Snehaprava Routray

3. Avinash Nayak

4. Bijayinee Biswal

5. Anuradha Nayak

6. Biswajit Rath ....

Petitioners Mr.Manas Chand, Advocate -versusState of Odisha ....

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

CORAM:

JUSTICE S.K. SAHOO Order No.

ORDER

30.03.2022 04.

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 Tangi P.S. Case No.100 of 2021 for alleged commission of offences under sections 498-A, 323, 294, 506/34 of the Indian Penal Code and section 4 of the Dowry Prohibition Act.

// 2 // Learned counsel for the petitioners submitted that petitioner nos.1 and 2 are the parents in-law, petitioner no.3 is the brother in-law, petitioner nos.4 and 5 are the sisters in-law and petitioner no.6 is the brother in-law (sister in-law's husband) of the informant respectively and the case arises out of a matrimonial dispute and the main allegation is against the husband of the informant, who has been granted interim protection by this Court in ABLAPL No.4101 of 2021 and therefore, the anticipatory bail application of the petitioners may be favourably considered. Learned counsel for the State opposed the prayer for anticipatory bail.

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

Considering the submissions of the learned counsel for the respective parties, the nature of accusation against the petitioners, the case arises out of a matrimonial dispute and also the fact that the offences are triable by Magistrate, I am inclined to release the petitioners on anticipatory bail and accordingly, this Court directs that in the event of arrest of the petitioners in connection with the aforesaid case, they shall be released on bail on furnishing bail bond of Rs.10,000/-(Rupees ten thousand) each with two sureties each for the like amount to the satisfaction of the arresting officer

// 3 // with further conditions that they shall make themselves available for interrogation by the I.O. as and when required and they 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 any facts to the Courts 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.

( S.K. Sahoo) Judge PKSahoo