Sujit Biswal v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No.6874 of 2022 Sujit Biswal ....

Petitioner Mr. Mahes Das, Advocate -versusState of Odisha and another ....

Opp. Parties 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 G.R. Case No.374 of 2008, arising out of Aul P.S. Case No.47 of 2008 pending in the court of learned J.M.F.C, Aul for commission of offence punishable under Sections 498(A)/506/34, I.P.C. read with Section 4 of the Dowry Prohibition Act.

5.

Considering the nature of allegations and taking into account that even though, F.I.R. was lodged by the I.I.C. Aul Police Station. It is submitted by learned counsel for the petitioner that the daughter got married to the brother of the petitioner in the year 2007 and after some days of marriage, husband of her daughter and her in-law members demanded more dowry and at last, they driven out the daughter of the

// 2 // informant from their house. It is further submitted that there is omnibus allegation of demand of dowry in the matrimonial dispute and there is always hope of compromise between the parties and such compromise is for the interest of the family and society. It is also submitted by learned counsel for the petitioner that the petitioner brother of the husband of informant's daughter.

6.

Taking into consideration 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