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Orissa High CourtABLAPL/11006/2022disposed off

Sudha Harsha v. State Of Odisha

2022-10-11Mr. Justice Aditya Kumar Mohapatra2 pages

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No.11006 of 2022 Sudha Harsha ....

Petitioner Mr. Brundaban Rout, Advocate -versusState of Odisha ....

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

Mr. B. Pr. Mishra, Advocate for the informant

CORAM:

JUSTICE A.K. MOHAPATRA Order No.

ORDER

11.10.2022 02.

1.

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

2.

Informant entered appearance through Mr. Bibhu Prasad Mishra, Advocate in Court today and files Vakalatnama. The same is accepted and be kept on record.

3.

Heard learned counsel for the petitioner, learned counsel for the informant and learned counsel for the State. 4.

Pursuant to the order dated 13.09.2022 the parties appeared before the Mediation Center of the Orissa High Court. 5.

It is submitted by both the parties that the matter has been amicably settled between the parties and had complied with the divorce proceeding as per Hindu Marriage Act. Further, it is submitted that the matter has already been decreed subject to payment of maintenance for permanent alimony. 6.

This is an application under Section 438 Cr.P.C. for grant of anticipatory bail to the petitioner in connection with G.R. Case

// 2 // No.762 of 2017 arising out of Jeypore Mahila P.S. Case No.44 of 2017 pending in the Court of learned S.D.J.M., Jeypore for alleged commission of offences under Sections 498-A/323/294/406/506/34, I.P.C. read with Sections 3 and 5 of the Explosive Substances Act and Section 4 of the D.P. Act.

7.

Considering the nature of allegation, gravity of 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 and moves an application for bail before the learned court in seisin over the matter within a period of three weeks from today in the aforesaid case, he shall be released on bail on such terms and conditions as would be deemed just and proper. 8.

Accordingly, the ABLAPL is disposed of.

Urgent certified copy of this order be granted on proper application.

( A.K. Mohapatra) Judge Jagabandhu