Manju Patra v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No.6622 of 2022

1. Manju Patra

2. Bishnu Patra

3. Khageswar Patra

4. Panchanan @ Panchua Patra ....

Petitioners Mr. A. Mishra, Advocate -versusState of Odisha ....

Opp. Party Mr. Rajesh Tripathy, Addl. Standing Counsel

CORAM:

JUSTICE S.K. SAHOO Order No.

ORDER

06.07.2022 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 of Cr.P.C. for grant of anticipatory bail to the petitioners in connection with Korei P.S. Case No.142 of 2022 corresponding to G.R. Case No.630 of 2022 pending in the Court of learned J.M.F.C., Jajpur Road for the commission of the alleged offences punishable under sections 342, 323, 363, 34 of the Indian Penal Code read with sections 9, 10 and 11 of the Children Marriage Prohibition Act, 2006. Learned counsel for the petitioners submitted that during the course of investigation, the statement of the victim was

// 2 // recorded under section 164 of Cr.P.C. and the victim has given a clean chit to the petitioners and therefore, the anticipatory bail application of the petitioners may be favourably considered. Learned counsel for the State has produced the case diary and fairly submitted that there is nothing against the petitioners in the 164 Cr.P.C. statement of the victim.

Considering the submissions made by the learned counsel for the respective parties, the nature of accusation against the petitioners and since the victim has given a clean chit to the petitioners in her 164 Cr.P.C. statement, 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 any facts to the Courts or to the Investigating Officer.

Violation of any of the above conditions shall entail cancellation of bail.

The ABLAPL is accordingly disposed of.

Issue urgent certified copy as per Rules.

( S.K. Sahoo) Judge P