Manoj Kumar Ray v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No.9908 of 2022 Manoj Kumar Ray ....

Petitioner Mr. Kshirod Kumar Pahil, Advocate -versusState of Odisha ....

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

CORAM:

JUSTICE A.K.MOHAPATRA

ORDER

22.08.2022 Order No.

01.

1.

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

2.

Heard learned counsel for the Petitioner and learned Addl. Standing Counsel for the State.

3.

This is an application under Section 438, Cr.P.C. filed by the Petitioner for anticipatory bail, involving offence punishable under Sections 498-A/294/323/341/506/34, I.P.C.

4.

Learned counsel for the Petitioner submits that Petitioner is the husband of the Informant. He has filed a petition before the Family Court seeking divorce. He further submits that the present case is a counterblast to the said petition filed before the Family Court.

5.

Considering the aforesaid submissions, seriousness of the allegation, gravity of the offence and facts of the case, although I am not inclined to grant anticipatory bail to the Petitioner, however it is

// 2 // observed that, in the event the Petitioner surrenders and moves for bail before the learned J.M.F.C., Chandikhole in C.T. Case No.1926 of 2021 corresponding to Jenapur P.S. Case No.363 of 2021 within a period of three weeks from today, he shall be released on bail on such terms and conditions as the learned Magistrate may deem just and proper in the facts and circumstances of the case, but subject to the following further conditions - (i) that, while on bail, the Petitioner shall not threaten, terrorise, ill-treat or harass the Informant and her family members or the prosecution witnesses in any manner whatsoever; and (ii) Petitioner being the husband, shall take care of the Informant so long as the matrimonial relationship subsists between them as per law. Also, he shall provide day-to-day expenses of the Informant in all respect for her survival.

Violation of any of the conditions shall entail cancellation of bail of the Petitioner.

6.

The ABLAPL is disposed of accordingly.

7.

Urgent certified copy of this order be granted as per rules. (A.K. Mohapatra) Judge S.K.Parida