Jhulamani Jena v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No.7057 of 2022 Julamani Jena and others ....

Petitioners Mr. B.K. Nayak, Advocate -versusState of Odisha ....

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

CORAM:

JUSTICE A.K. MOHAPATRA Order No.

ORDER

19.07.2022 01.

1.

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

2.

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

3.

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

4.

The petitioners seeking pre-arrest bail in connection G.R. Case No.387 of 2022, arising out of Pipili P.S. Case No.254 of 2022 pending in the court of learned J.M.F.C., Pipili for commission of offence punishable under Sections 323/341/307/379/34 of I.P.C. 5.

Considering the nature of allegations and taking into account that even though, F.I.R. was lodged by the I.I.C. Pipili Police Station. It is submitted by learned counsel for the petitioners that there was a family dispute between the parties and the both the petitioners are ladies. It is further submitted by leaned counsel for the petitioners that there is no allegation of Section 307, I.P.C.

// 2 // 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 petitioners. However, it is directed that in the event the petitioners surrender before the learned court in seisin over the matter within a period of three weeks from today, they shall be released on bail on such terms and conditions as would be deemed just and proper subject to condition.

7.

Accordingly, the ABLAPL is disposed of.

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

Jagabandhu ( A.K. Mohapatra) Judge