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Orissa High CourtABLAPL/6753/2022allowed

Sabita Sahoo v. State Of Odisha

2022-07-13Mr. Justice S.K.Sahoo3 pages

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No.6753 of 2022

1. Sabita Sahoo

2. Babita Sahoo

3. Soudamini Sahoo

4. Renuka @ Renubala Sahoo

5. Sulochana Sahoo

6. Sudhansu Sahoo ....

Petitioners Mr. P.K. Samantray, Advocate -versusState of Odisha ....

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

CORAM:

JUSTICE S.K. SAHOO Order No.

ORDER

13.07.2022 01.

This matter is taken up through Hybrid arrangement (video conferencing/physical mode). Learned counsel for the petitioners seeks permission to mention the G.R. Case number in the cause title.

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

// 2 // connection with G.R. Case No.990 of 2022 arising out of Harichandanpur P.S. Case No.102 of 2022 pending in the Court of learned S.D.J.M., Keonjhar for alleged commission of offences under sections 341/294/323/ 324/506/34 of the Indian Penal Code.

Perused the F.I.R.

Considering the submissions made by the learned counsel for the petitioners that it is a case and counter case and there was civil dispute between the parties and the offences are triable by Magistrate and the only non-bailable offence is under section 506 of the Indian Penal Code and on hearing the learned counsel for the State and the fact that the petitioners nos.1 to 5 are ladies, keeping in view the proviso to section 437(1) Cr.P.C., I am inclined to release all 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 anticipatory 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

// 3 // 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.

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

( S.K. Sahoo) Judge RKM