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Orissa High CourtABLAPL/9834/2022disposed off

Sujata Das v. State Of Odisha

2022-08-17Mr. Justice Aditya Kumar Mohapatra2 pages

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No.9834 of 2022 Sujata Das ....

Petitioner Mr.MD.Golam Madani,Advocate -versusState of Odisha ....

Opp. Party Mr.S.Mishra, A.S.C.

CORAM:

JUSTICE A.K. MOHAPATRA Order No.

ORDER

17.08.2022 01.

1.

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

2.

Mr.Priyarnjan Mishra, learned counsel files Vakalatnama for the informant in Court. The same be kept on record. The name of Mr.Mishra be indicated as learned counsel for the informant. 3.

Heard learned counsel for the Petitioner and the learned Additional Standing Counsel. Perused the records. 4.

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

5.

It is submitted by the learned counsel for the Petitioner that so far as the offence under section 307 of the Indian Penal Code is concerned i.e. against the husband, who has pressed the neck of the informant. However, the Petitioner is the mother-in-law of the informant.

// 2 // 6.

Considering the age of the Petitioner, 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 J.M.F.C., Dhamnagar in G.R.Case No.527 of 2022 arising out of Dhamnagar P.S.Case No.303 of 2022 within a period of three weeks from today and move for bail, she 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 while on bail shall not threaten, influence, terrorise or harass the informant in any manner whatsoever. Violation of condition shall entail cancellation of bail.

7.

Accordingly, the ABLAPL is disposed of.

78.

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