Bankanidhi Sahoo v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No.8708 of 2022 Bankanidhi Sahoo another ....

Petitioners Mr. S. Khan, Advocate -versusState of Odisha ....

Opp. Party Mr. M.K. Mohanty, A.S.C.

CORAM:

JUSTICE A.K. MOHAPATRA Order No.

ORDER

01.08.2022 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 are seeking pre-arrest bail in connection with G.R. Case No.1583 of 2022, arising out of Bikrampur FCI P.S. Case No.177 of 2022 pending in the court of learned S.D.J.M., Talcher for commission of offence punishable under Sections 498-A/294/323/ 307/506/34, I.P.C. read with Section 4 of the D.P. Act. 5.

It is submitted learned counsel for the petitioners that the main allegation is against one Dillip Sahu, who happens to be the husband of the informant and the present petitioners are father-in-law and mother-in-law. So far as the petitioner no.1 is concerned, there is no direct allegation against him and the petitioner no.2 is aged about 55

// 2 // years and that they are implicated in the alleged offences. 6.

Considering 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 in the aforesaid case, they shall be released on bail on such terms and conditions as would be deemed just and proper with further condition that petitioners shall not harass, torture, threaten or terrorize the informant and his/her family members in any manner whatsoever while on bail.

Violation of any of the terms and conditions shall entail cancellation of bail.

7.

Accordingly, the ABLAPL is disposed of.

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

( A.K. Mohapatra) Judge Jagabandhu