Umamani @ Bhamamani Behera v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No.9345 of 2022 Umamani @ Bhamamani Behera ....

Petitioner Mr.Satyajit Mohapatra, Advocate -versusState of Odisha ....

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

CORAM:

JUSTICE A.K. MOHAPATRA Order No.

ORDER

05.09.2022 03.

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 is apprehending his arrest for the alleged commission of offence under Sections 498-A, 302, 304-B/34 of the Indian Penal Code read with Section 4 of the Dowry Prohibition Act. in C.T.(G.R.)Case No.104 of 2009 arising out of Soro P.S. Case No.44 of 2019 of the Court of the learned J.M.F.C., Soro. 4.

It is submitted by the learned counsel for the Petitioner that the case is of the year 2009. Further, it is submitted by the learned counsel for the Petitioner that earlier the Petitioner had approached this Court by filing an anticipatory bail application which was not entertained by then by this Court. It is also submitted by the learned counsel for the Petitioner that thereafter charge sheet has been filed.

// 2 // Further, it is submitted by the learned counsel for the Petitioner that the Petitioner is the mother-in-law of the victim and 75 years of age. 5.

Considering the facts of the case, this Court is not inclined to grant anticipatory bail to the Petitioner.

6.

However, on the submission of the learned counsel, the Petitioner is given liberty to surrender before the learned J.M.F.C.,Soro 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 strictly on the basis of the materials on record. In case of rejection of the bail application, the Petitioner 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 by maintaining the principles of parity, if applicable. 7.

Case Diary be made available to the concerned courts. Records be transmitted to the higher forum at the cost of the Petitioner, if applied for.

8.

The ABLAPL is accordingly disposed of.

9.

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