Shankara @ Shankarshan Patra v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No.6705 of 2022

1. Shankara @ Shankarshan Patra

2. Minati Patra

3. Gobinda Patra ....

Petitioners Mr. J.K. Majhi, Advocate -versusState of Odisha ....

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

CORAM:

JUSTICE S.K. SAHOO Order No.

ORDER

12.07.2022 01.

This matter is taken up through Hybrid arrangement (video conferencing/physical mode). 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 Balasore Town P.S. Case No.116 of 2022 corresponding to C.T. Case No.481 of 2022 pending in the Court of learned S.D.J.M., Balasore for alleged commission of offences under sections 294, 323, 341, 506, 34 of the Indian Penal Code.

Learned counsel for the State on instruction

// 2 // submitted that so far as petitioner no.1 Shankara @ Shankarshan Patra, petitioner no.3 Gobinda Patra are concerned, they have been served with notices as contemplated under section 41A of Cr.P.C. and they have complied with the terms of the notices and therefore, there is no apprehension of arrest of the petitioners nos.1 and 3.

Therefore, this anticipatory bail application so far as petitioners nos.1 and 3 are concerned, stands disposed of.

Considering the submission made by the learned counsel for the petitioners that petitioner no.2 Minati Patra is a lady and keeping in view the proviso to section 437(1) of Cr.P.C. and the fact that the offences are triable by Magistrate, I am inclined to release petitioner no.2 on anticipatory bail and accordingly, this Court directs that in the event of arrest of the petitioner no.2 in connection with the aforesaid case, she shall be released on bail on furnishing bail bond of Rs.10,000/-(rupees ten thousand) with two sureties each for the like amount to the satisfaction of the arresting officer with further conditions that she shall make herself available for interrogation by the I.O. as and when required and she shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to

// 3 // dissuade him from disclosing any facts to the Courts or to the Investigating Officer.

The ABLAPL is accordingly disposed of.

Issue urgent certified copy as per Rules.

( S.K. Sahoo) Judge P