← Library
Orissa High CourtABLAPL/11522/2022disposed off

Raghunath Barik v. State Of Odisha

2022-09-19Mr. Justice Aditya Kumar Mohapatra2 pages

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No.11522 of 2022 Raghunath Barik & Others ....

Petitioners Mr. Udit Ranjan Jena, Advocate -versusState of Odisha ....

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

CORAM:

JUSTICE A.K.MOHAPATRA

ORDER

19.09.2022 Order No.

01.

1.

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

2.

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

3.

This is an application under Section 438, Cr.P.C. filed by the Petitioners for anticipatory bail, involving offence punishable under Sections 498-A/323/294/307/326/354/376/511/506/406/379/34, I.P.C. and Section 4 of the D.P. Act.

4.

It is submitted by learned counsel for the Petitioners that Petitioner Nos.1 and 2 are father-in-law and mother-in-law and Petitioner Nos.3 and 4 are sisters-in-law of the Informant-victim. It is further submitted that the present case arises out of a complaint case. 5.

Considering the aforesaid submission, seriousness of the allegation, gravity of the offence and the facts of the case, although I am not inclined to grant anticipatory bail to the Petitioners, however

// 2 // it is observed that, in the event the Petitioners surrender and move for bail before the learned J.M.F.C. (R), Balasore in C.T. Case No.624 of 2022 corresponding to Khantapada P.S. Case No.199 of 2022 within a period of three weeks from today, they 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.

While imposing conditions for bail, learned Magistrate shall also impose the following further conditions - (i) The Petitioners shall appear before the I.O. and shall cooperate with the investigation as and when required. (ii) They shall not threaten, terrorise, ill-treat or harass the Informant and her family members and any of the prosecution witnesses in any manner whatsoever, while on bail.

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