Susanta Sahu v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No.5804 of 2022 Susanta Sahu and others ....

Petitioners Mr. J.K. Mohapatra, Advocate -versusState of Odisha ....

Opposite Party Mr. S.K. Nayak, A.G.A.

CORAM:

JUSTICE A.K. MOHAPATRA Order No.

ORDER

17.06.2022 01.

1.

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

2.

Heard learned counsel for the petitioners and learned Additional Standing Counsel for the State.

3.

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

4.

It is alleged that the informant married one Susanta Sahu, who is the petitioner no.1 in this case and the petitioner nos.2 and 3 are parents-in-law of the informant. Further, it alleged that at the time of marriage, the father of the informant had given all the household articles along with gold and silver ornaments. After some days of marriage, the members of the in-laws family demanded more dowry of Rs.1,00,000/-(rupees one lakh) and when the demand was not fulfilled, they started torture to the informant both mentally and physically. Hence this case.

// 2 // 5.

It is submitted by learned counsel for the petitioners that the petitioners have been false implicated in the present case. 6.

Considering the nature of allegation, gravity of 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 petitioner no.1Susanta Sahu surrenders before the learned Basudevpur in G.R. Case No.16 of 2022, arising out of Basudevpur P.S. Case No.09 of 2022 within a period of three weeks from today, petitioner no.1-Susanta Sahu shall be released on bail on such terms and conditions as the learned Magistrate may deem just and proper.

7.

So far as petitioner nos.2 and 3 are concerned, considering the submissions and the materials placed before the Court, it is directed that the petitioner nos.2-Bhabagrahi Sahu and petitioner no.3-Smt. Hemalata Sahu in the event of arrest in the aforesaid case shall be released on bail on such terms and conditions as deemed just and proper by the Arresting Officer.

8.

Accordingly, the ABLAPL is disposed of.

Urgent certified copy of this order be granted on proper application.

( A.K. Mohapatra ) Vacation Judge Jagabandhu