Nanda Kishor Jena v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No.6452 of 2022 Nanda Kishor Jena and another ....

Petitioners Mr.S.R.Rout, Advocate -versusState of Odisha ....

Opp.Party Mr.P.C.Das, A.S.C.

CORAM:

JUSTICE A.K. MOHAPATRA Order No.

ORDER

26.07.2022 02.

1.

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

2.

Heard learned counsel for the Petitioner and the learned Additional Standing Counsel. Perused the records. 3.

It is submitted by the learned counsel for the Petitioners that the Petitioners are the parents of the principal accused. He further submits that the Petitioners had no role in the present crime and that the Petitioners have been falsely implicated by the parents of the victim. However, on examination of the F.I.R. this Court finds that there is allegation of section 363/34 of the Indian penal Code. Since the offence under Section 363 of the Indian Penal Code is bailable in nature, this Court is of the view that the anticipatory bail application is not maintainable.

4.

However, it is open for the Petitioners to cooperate with the investigation of the case. In the event the case turns to any higher offence, it is open for the Petitioners to move appropriate application

// 2 // for bail.

4.

With the aforesaid observation, the ABLAPL stands disposed of.

5.

Issue urgent certified copy of the order as per Rules. ( A.K. Mohapatra ) Judge RKS