Himansu Kumar Swain v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No.7817 of 2022 Himansu Kumar Swain ....

Petitioner Mr.R.N.Singh, Advocate -versusState of Odisha & another ....

Opp.Parties Mr.S.Patra, A.S.C..

CORAM:

JUSTICE A.K. MOHAPATRA Order No.

ORDER

22.07.2022 01.

1.

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

2.

Heard learned counsel for the Petitioner and the learned Additional Standing Counsel. Perused the records. 3.

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

4.

Learned counsel for the Petitioner submits that the allegation made in the F.I.R. are totally false and fabricated and the informant has voluntarily deserted her matrimonial house and chosen to stay in her parental house with her two sons and the Petitioner, who is the husband of the informant used to pay maintenance to his wife and children regularly.

5.

Considering the nature of allegations made, gravity of the 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 surrenders before the learned S.D.J.M.,

// 2 // Berhampur in G.R.Case No.1117 of 2022 arising out of Mahila P.S.case No.85 of 2022 within a period of three weeks from today and moves for bail, he shall be released on bail on such terms and conditions as would be deemed just and proper by the learned Magistrate.

6.

The ABLAPL is accordingly disposed of.

7.

Issue urgent certified copy of the order as per Rules. ( A.K. Mohapatra ) Judge RKS