Rajani Manhira v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No.15714 of 2021 Rajani Manhira ....

Petitioner Mr.Satyabrata Panda, Advocate -versusState of Odisha ....

Opp. Party Mr.A.K. Beura, Addl. Standing Counsel

CORAM:

JUSTICE S.K. SAHOO Order No.

ORDER

05.01.2022 01.

This matter is taken up through Hybrid arrangement (video conferencing/physical mode). Heard learned counsel for the petitioner and learned counsel for the State.

This is an application under section 438 Cr.P.C. for grant of anticipatory bail to the petitioner in connection with G.R. Case No.38 of 2021 arising out of Tarava P.S. Case No.37 of 2021 pending in the Court of learned J.M.F.C., Tarava for alleged commission of offences under sections 147/148/294/506/366/380/149 of the Indian Penal Code.

Perused the F.I.R.

Learned counsel for the petitioner submitted that the petitioner has not been named as an accused in the first information report, which was lodged by one Kalpana Banchhor before the Inspector in-charge of

// 2 // Tarava police station on 07.03.2021 however, the name of the son of the petitioner, namely, Prakash Manhira finds place in the first information report. It is further submitted that two of the co-accused persons, namely, Dasarathi Manhira and Sanjit Manhira approached this Court in ABLAPL No.11622 of 2021 and they have been directed to be released on bail as per order dated 18.11.2021 and therefore, the anticipatory bail application of the petitioner may be favourably considered. He files the copy of the order, which is taken on record.

Learned counsel for the State opposed the prayer for anticipatory bail and submitted that preliminary charge sheet has already been submitted keeping the investigation open.

Considering the submissions made by the learned counsel for the respective parties, the nature of accusation against the petitioner and the fact that the petitioner is a lady, keeping in view the proviso to section 437(1) of Cr.P.C., I am inclined to release the petitioner on anticipatory bail and accordingly, this Court directs that in the event of arrest of the petitioner in connection with the aforesaid case, she shall be released on bail on furnishing bail bond of Rs.10,000/- (rupees ten thousand) with two sureties each for the like amount to the satisfaction of the arresting officer with further conditions that she shall make herself available for interrogation by the I.O. as and when required and she shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts

// 3 // of the case so as to dissuade him from disclosing such facts to the Court or to the Investigating Officer. Violation of any of the above conditions shall entail cancellation of bail.

The ABLAPL is accordingly disposed of.

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

RKM ( S.K. Sahoo) Judge