Sahista Akhtar v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No.14408 of 2022 Suhista Akhtar and another .... Petitioners Mr. K.C. Tripathy, Advocate -versusState of Odisha ....

Opp. Party Mr. S. Patra, ASC

CORAM:

JUSTICE CHITTARANJAN DASH Order No.

ORDER

06.12.2022 02.

1. Heard learned counsel for the Petitioners and the State.

2. This is an application for bail U/s.438 Cr.P.C. filed by the Petitioners in anticipation of arrest for their alleged involvement in the offences U/s.498-A/302/304-B/34 IPC read with Section 4 of the D.P. Act.

3. Learned counsel for the State obtained the case diary along with the post mortem report. It is submitted that the nature of death of the deceased is consistent with ante mortem hanging. The Petitioners before this Court are the sister in law (Nananda) and brother in law (Nanadei).

4. Keeping in view the submission of the parties, the nature of allegations, the circumstances appearing, the seriousness and the gravity of the offences, while this Court is not inclined to grant

// 2 // anticipatory bail, it is directed that in the event the Petitioners surrender in connection with Cuttack Sadar P.S. Case No.421 of 2022 corresponding to G.R. Case No.2494 of 2022 pending in the court of learned J.M.F.C.(R), Cuttack within a period of two weeks' hence and move for bail, they shall be released on such terms and conditions as would be deemed just and proper by the said court with further conditions that they shall appear in person before the court below on each date of posting of the case unless specifically exempted by the court concerned with the further conditions that they shall appear before the IO as and when required; shall not threaten or intimidate the Informant party in any manner whatsoever and shall cooperate with the investigation. Violation of any of the conditions shall entail cancellation of bail of the Petitioners.

5. The ABLAPL is disposed of.

(Chittaranjan Dash) Judge KC Bisoi