Orissa High CourtABLAPL/6082/2022disposed off

Choudhuri Mahanta v. State Of Odisha

2022-06-22Mr. Justice S.K.Sahoo2 pages

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No.6082 of 2022 Choudhuri Mahanta ....

Petitioner Mr.H.K.Dash, Advocate -versusState of Odisha ....

Opp. Party Mr. Arupananda Das, Addl. Government Advocate

CORAM:

JUSTICE S.K. SAHOO Order No.

ORDER

22.06.2022 01.

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

Heard the learned counsel for the petitioner and learned counsel for the State.

This is an application under section 438 of Cr.P.C. for grant of anticipatory bail to the petitioner in connection with Pandapada P.S. Case No. 46 of 2022 corresponding to G.R. Case No.753 of 2022 pending in the Court of learned S.D.J.M., Keonjhar for the commission of the alleged offences punishable under sections 498-A, 306, 304-B/34 of the Indian Penal Code and section 4 of the Dowry Prohibition Act. Perused the F.I.R. annexed to the anticipatory bail application.

Learned counsel for the petitioner submitted that the petitioner is the husband of the deceased and no specific

// 2 // overt act has been alleged against him and the deceased had committed suicide whereafter false case has been foisted by her father to harass the petitioner and therefore, the anticipatory bail application may be favourably considered. Learned counsel for the State opposed the prayer for anticipatory bail.

Considering the submissions made by the learned counsel for the respective parties, the surrounding circumstances under which the deceased died in an unnatural death and available materials on record, while not inclining to grant anticipatory bail to the petitioner, liberty is granted to the petitioner to surrender and move for bail in the Court below within a period of four weeks from today in the event of which the learned Courts below shall dispose of the same in accordance with law expeditiously. The case records shall be made available to the Courts concerned for disposal of the bail application.

The ABLAPL stands disposed of.

Issue urgent certified copy as per Rules.

( S.K. Sahoo) Judge PKSahoo