Sk. Sarafat @ Sarafat Khan v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No.9122 of 2022 Sk.Sarafat @ Sarafat Khan ....

Petitioner Mr.Arijeet Mishra, Advocate -versusState of Odisha ....

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

CORAM:

JUSTICE A.K. MOHAPATRA Order No.

ORDER

04.08.2022 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.

It is submitted by the learned counsel for the Petitioner that the Petitioner is the husband and is staying abroad in connection with his job. Further, it is stated that the allegation made in the F.I.R. are mostly against the in-laws. So far as the present Petitioner is concerned, though Rs.4000/- per month was agreed by the Petitioner to pay to the informant, but the same has not been paid to the informant.

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 // Kendrapara in G.R.Case No.1280 of 2022 arising out of Kendrapara P.S.Case No.115 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 with further condition that the Petitioner shall pay a sum of Rs.4000/- (Rupees four thousand) per month to the informant-wife as has been promised and agreed by the husband till conclusion of trial. Violation of such condition shall entail cancelation of bail. 6.

The ABLAPL is accordingly disposed of.

7.

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