Basanti Samantaray v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No.13611 of 2022 Basanti Samantary and others ....

Petitioners Mr. A.S. Paul, Advocate -versusState of Odisha ....

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

CORAM:

JUSTICE A.K. MOHAPATRA Order No.

ORDER

21.10.2022 01.

1.

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

2.

Heard learned counsel for the petitioners and learned Additional Standing Counsel for the State.

3.

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

4.

The petitioners are seeking pre-arrest bail in connection with G.R. Case No.1634 of 2022, arising out of Khurda P.S. Case No.492 of 2022 pending in the court of learned S.D.J.M., Khurda for commission of offences punishable under Sections 498-A/323/506/ 34, I.P.C. read with Section 4 of the D.P. Act. 5.

It is submitted by learned counsel for the petitioners that the petitioner no.6 is the husband of the informant and the other petitioners are in-laws of the informant.

6.

Considering the nature of allegation, gravity of 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

// 2 // surrender and move 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 with further conditions that :- I.

The petitioners shall cooperate with the Investigating Officer as and when required for the purpose of investigation;

II.

they shall not threaten, harass and terrorize the informant and her /his family members in any manner whatsoever; and III.

he shall provide monthly maintenance of Rs.2,000/-(rupees two thousand) to the informantwife which shall be fixed by maintenance of any competent court of law and shall go in paying the same till arrival of compromise.

Violation of any of the terms and conditions shall entail cancellation of bail.

7.

Accordingly, the ABLAPL is disposed of.

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

( A.K. Mohapatra) Judge Jagabandhu