Chandan Pati v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No.7222 of 2022 Chandan Pati ....

Petitioner Mr.B.P.Mohanty, Advocate -versusState of Odisha ....

Opp. Party Mr. M.K.Mohanty, 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 petitioner and learned Additional Standing Counsel for the State. Perused the FIR, CD and other materials.

3.

The petitioner is apprehending his arrest by Mancheswar/Baleswar Town/Remuna Police in connection with his matrimonial disputes with the Opposite Party No.2. The present bail application has been filed by the petitioner under Section 438 of Cr.P.C. for pre-arrest bail.

4.

It is submitted by the learned counsel for the petitioner that no formal FIR has been registered against the present petitioner in the aforesaid police stations. It is further submitted that the petitioner is at the moment working in a company in Netherland. Recently, he has come to India and he is residing in Balasore i.e. his native place. Since he has a strained relationship with his wife, the petitioner apprehends that the wife might lodge case against the petitioner which may cause

// 2 // trouble to the petitioner. However, this Court finds that law provides enough protection in such eventuality. In the event, any FIR is draw up against the petitioner, law mandates that 41-A has to be complied. Considering the aforesaid legal position, this court is of the considered view that this bail application is not maintainable. 5.

In such view of the matter, the ABLAPL is disposed of. subhasmita ( A.K. Mohapatra) Judge