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Orissa High CourtABLAPL/9379/2022disposed off

Rasmi Ranjan Rout v. State Of Odisha

2022-08-08Mr. Justice Aditya Kumar Mohapatra2 pages

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No.9379 of 2022 Rasmi Ranjan Rout and others ....

Petitioners Mr.Prakash Kumar Mishra, Advocate -versusState of Odisha ....

Opp.Party Mr.P.K.Rout, A.G.A.

CORAM:

JUSTICE A.K. MOHAPATRA Order No.

ORDER

08.08.2022 01.

1.

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

2.

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

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

4.

It is submitted by the learned counsel for the Petitioners initially the Petitioners were released on bail by order dated 25.03.2010 passed in BLAPL No.4626 of 2010. Thereafter Charge Sheet has been filed on 19.05.2010 adding the offence under section 307 of the Indian Penal Code. It is further submitted by the learned counsel for the Petitioners that cognizance has also been taken vide order dated 07.06.2010 for the offences under sections 498-A, 294,323,307,506/34 of the Indian Penal Code. It is further submitted by the learned counsel for the Petitioners that the marriage between the Petitioner No.1 and the informant has been dissolved under section 13-B of the Hindu Marriage Act vide order dated 26.10.2017

// 2 // passed in MAT Case No.97 of 2017 by the learned Civil Judge (Senior Division), Athagarh.

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 Petitioners. However, it is directed that in the event the Petitioners surrender before the learned J.M.F.C., Narasinghpur in C.T.Case No.18 of 2010 arising out of Kanpur P.S.Case No.08 of 2010 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.

6.

The ABLAPL is accordingly disposed of.

7.

Issue urgent certified copy of the order in course of the day. ( A.K. Mohapatra ) Judge RKS