Raghunath Patra v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL NO.5692 OF 2020 Raghunath Patra & Another ....

Petitioners Mr.Sidhartha Das, Advocate -versusState of Odisha ....

Opposite Party Mr. S.K. Nayak, AGA,

CORAM:

MR. JUSTICE D.DASH

ORDER

21.03.2022 03.

1.

This matter is taken up through hybrid arrangement Order No.

(virtual / physical) mode.

2.

Learned counsel for the Petitioners submits that here in the case, these Petitioners being the family members of accused Raghu Natha Patra against whom the allegations as to commission of principal offence under Section-376(2)(n) of the IPC run have been unnecessarily arraigned in the case being falsely assigned with the role having no nexus with the commission of the said offence. It is further submitted that the attempt to implicate these Petitioners in the above manner is only to harass the whole family. In view of all the above and in the absence of any such impediment; he urges for grant of bail to the Petitioners.

3.

Learned Counsels for the State as well as the Informant while not disputing the position that here as against accused-

// 2 // Raghu Natha, the allegations in respect of commission of the principal offence run. He, however, opposes the move of the Petitioners in view of their role.

4.

Considering the submissions and on going through the nature of accusations; further keeping in view the surrounding circumstances of the case as also concerning the Petitioners; it is directed that in the event the Petitioners surrender before the Court in seisin of the case in connection with Bamibari P.S. Case No.58 of 2020 corresponding to G.R. Case No.245 of 2020 pending on the file of learned J.M.F.C., Barbil within three weeks hence and move for their release on bail, they shall be released on bail on such terms and conditions as would be deemed just and proper by the said Court in seisin of the case with further condition that they will not threaten or terrorize the prosecution witnesses including the victim in any manner. 5.

The ABLAPL is accordingly disposed of.

Issue urgent certified copy as per rules.

(D. Dash), Judge.

Narayan