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Orissa High CourtABLAPL/6032/2022disposed off

Pravat Kumar Tripathy v. State Of Odisha

2022-06-22Mr. Justice S.K.Sahoo3 pages

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No.6032 of 2022

1. Pravat Kumar Tripathy

2. Arati Tripathy

3. Sai Ahladini Tripathy Petitioners ....

Mr.S.K. Nath, Advocate -versus1. State of Odisha

2. Nibedita Dash Opp. Parties ....

Mr.S.K.Mishra, Addl. Standing Counsel

CORAM:

JUSTICE S.K. SAHOO Order No.

ORDER

22.06.2022 01.

This matter is taken up through Hybrid arrangement (video conferencing/physical mode). Though the matter is not in today's list, on being mentioned, the same is taken up through a special notice.

It appears that the petitioners approached this Court earlier for anticipatory bail in ABLAPL No.2967 of 2022 and since there was no material before this Court that the complaint petition was referred to any police station under section 156(3) of Cr.P.C. for registration of the same as F.I.R., while disposing of the application, liberty was granted to seek

// 2 // appropriate remedy after registration of the F.I.R. Learned counsel for the petitioners submitted that in the meantime, the first information report has been registered as Paradeep P.S. Case No.154 of 2022.

Learned counsel for the petitioners seeks permission to mention the P.S. Case number in the cause title of the anticipatory bail application. Permission is granted.

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 Paradeep P.S. Case No.154 of 2022 pending in the Court of learned J.M.F.C.(P), Kujanga for alleged commission of offences under sections 498-A/ 323/294/313/307/506/406/34 of the Indian Penal Code read with section 4 of the D.P. Act. Perused the first information report annexed to the anticipatory bail application.

Considering the submissions made by the learned counsel for the petitioners that the petitioners are the in-laws of the informant and no specific overt act has been alleged against them and the case arises out of a matrimonial dispute and on hearing the learned counsel for the State, I am inclined to release the petitioners on anticipatory bail and accordingly,

// 3 // 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.

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

( S.K. Sahoo) Judge RKM