Prem @ Prema Majhi v. State Of Odisha
IN THE HIGH COURT OF ORISSA AT CUTTACK
ABLAPL No. 8322 of 2022 Prem @ Prema Majhi & others ....
Petitioners Mr.S.K.Joshi, Advocate -versusState of Odisha & another ....
Opposite Parties Mr.S.Patra, A.S.C.
CORAM:
JUSTICE A.K. MOHAPATRA Order No.
ORDER
27.07.2022 1.
1.
This matter is taken up through Hybrid Arrangement (Virtual/Physical Mode).
2.
Heard learned counsel for both the parties and perused the records.
3.
The Petitioner No.1 is apprehending arrest for the alleged commission of offence under Sections 498-A,341,294,323,506/34 of the Indian Penal Code read with Section 4 of D.P.Act in G.R.Case No.247 of 2022 of the Court of the learned J.M.F.C., Kantabanji, arising out of Kantabanji P.S.Case No.102 of 2022. 4.
Considering the facts of the case, this Court is not inclined to grant anticipatory bail to the Petitioner No.1. 5.
However, on the submission of the learned counsel, the Petitioner No.1 is given liberty to surrender before the learned J.M.F.C., Kantabanji in the aforesaid case in the first hour within 21 working days hence and move for bail. On such event, the learned Magistrate shall consider his application for bail in the first hour
// 2 // strictly on the basis of the materials on record. In case of rejection of the bail application, the Petitioner No.1 may move for bail before the higher forum in the second hour. On such event, the higher forum shall consider and dispose of the bail application of the Petitioner on the same day strictly on the basis of the materials on record. 6.
Case Diary be made available to the concerned courts. Records be transmitted to the higher forum at the cost of the Petitioner No.1 , if applied for.
7.
Learned counsel for the Petitioner Nos. 2 to 4 submits that no prima facie case is made out against the Petitioners and the informant used to leave the in-laws house without consent and knowledge of the husband and in-laws family members and on being objected to the same she used to quarrel with the husband. 8.
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 Nos.2 to 4. However, it is directed that in the event the Petitioner Nos. 2 to 4 surrender before the learned J.M.F.C., Kantabanji in G.R.Case No.247 of 2022 arising out of Tureikela P.S.Case No.102 of 2022 within a period of three weeks from today and move for bail, they shall be released on bail on such terms and conditions as would be deemed just and proper by the learned Magistrate.
9.
The ABLAPL is accordingly disposed of.
10.
Issue urgent certified copy of the order as per Rules. RKS ( A.K. Mohapatra ) Judge