Satyabhama Behera v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No.5865 of 2022

1. Satyabhama Behera @ Satyabhama Hera

2. Pravati Behera @ Prabhasini ....

Petitioners Mr. S.K. Mohanty, Advocate -versus1. State of Odisha

2. Saibani Sethi ....

Opp. Parties Mrs. Susamarani Sahoo, Addl. Standing Counsel

CORAM:

JUSTICE S.K. SAHOO Order No.

ORDER

05.07.2022 01.

This matter is taken up through Hybrid arrangement (video conferencing/physical mode).

Heard the 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 Banigochha P.S. Case No.44 of 2022 corresponding to G.R. Case No. 168 of 2022 pending before the learned J.M.F.C., Daspalla for alleged commission of offences under sections 498-A/323/294/506/324/307/34 of the Indian Penal Code. Perused the F.I.R. annexed to the anticipatory bail application.

// 2 // Considering the submissions made by the learned counsel for the petitioners that petitioner no.1 is the mother - in- law and petitioner no.2 is the sister -in-law of the informant and so far as the allegation of assault under section 307 of the Indian Penal Code is against the brother-in-law of the informant, namely Anil Kumar Behera and the case arises out of a matrimonial dispute and keeping in view the proviso to section 437(1) of Cr.P.C. and on hearing the learned counsel for the State, 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 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 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 certified copy of this order as per Rules. ( S.K. Sahoo) Judge

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