Bibekananda Mahapatra v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No.6873 of 2022 Bibekananda Mahapatra ....

Petitioner Mr. S.K.Mahanty, Advocate -versusState of Odisha ....

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

CORAM:

JUSTICE A.K. MOHAPATRA Order No.

ORDER

18.07.2022 01.

1.

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

2.

Heard learned counsel for the petitioner and learned Additional Standing Counsel for the State.

3.

This is an application under Section 438, Cr.P.C. filed by the petitioner for anticipatory bail.

4.

The petitioner seeking pre-arrest bail in connection C.T. Case No.105 of 2022, arising out of Puruna Katak P.S. Case No.69 of 2022 pending in the court of learned J.M.F.C, Harabhanga for commission of offence punishable under Sections 498(A)/313/294/506/34, I.P.C. read with Section 4 of the Dowry Prohibition Act.

5.

It is submitted by learned counsel for the petitioner that while the informant prosecuting her study in the year 2006, there was a love relation with one Ansuman each other and on pretext of marriage, the brother of the petitioner kept physical relationship with the victim and the present petitioner is the family member of the one Ansuman, who was the lover of the informant. When their marriage was solemnized,

// 2 // the family members did not allow them to enter into their house as the victim is an inter caste and that the petitioner has been falsely implication in the present case.

6.

Considering the aforesaid submissions, the nature of allegation, gravity of offence and the fact of the case, I am not inclined to grant anticipatory bail to the petitioner. However, it is directed that in the event the petitioner surrender before the learned court in seisin over the matter, he shall be released on bail on such terms and conditions as would be deemed just and proper.

7.

Accordingly, the ABLAPL is disposed of.

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

Jagabandhu ( A.K. Mohapatra) Judge