Bhagaban Senapati v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No.7241 of 2022 Bhagaban senapati ....

Petitioner Mr. Punil Swain, Advocate -versusState of Odisha ....

Opposite Party Mr. Sitikanta Mishra, A.S.C.

CORAM:

JUSTICE A.K.MOHAPATRA

ORDER

19.07.2022 Order No.

01.

1.

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

2.

Heard learned counsel for the Petitioner and learned Addl. Standing Counsel for the State.

3.

This is an application under Section 438, Cr.P.C. filed by the Petitioners for anticipatory bail involving offences under Sections 354(A)/384/506/507, I.P.C. read with Section 66(A)/66(B) of I.T. Act, 2000.

4.

It is submitted by learned counsel for the Petitioner that the Petitioner is the husband of the Informant who had filed a case before the Family Court, Nayagarh for divorce. In the said case filed by the husband-petitioner, the wife has foisted a case falsely on the allegation of dowry torture against the Petitioner and his family members.

5.

Considering the aforesaid submission, nature of allegations and gravity of the offence and the fact of the case, I am not inclined

// 2 // to grant anticipatory bail to the Petitioner. However, it is observed that, in the event the Petitioner surrenders before the learned J.M.F.C., Odagaon in G.R. Case No.114 of 2022 corresponding to Sarankul P.S. Case No.53 of 2022 within a period of three weeks from today, the Petitioner shall be released on bail on such terms and conditions as the learned Magistrate may deem fit and proper subject to the condition that the Petitioner shall cooperate with the Investigating Officer as and when required for the purpose of investigation.

6.

Accordingly, the ABLAPL is disposed of.

7.

Urgent certified copy of this order be granted as per rules. (A.K. Mohapatra) Judge S.K.Parida