Ladi Bairagi Patra@ L.Bairagi Patra v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No. 15730 of 2021

1. Ladi Bairagi Patra @ L.

Bairagi Patra

2. Ladi Subasini Patra @ L.

Subasini Patra ....

Petitioners Mr.J. Sahoo, Advocate -versusState of Odisha ....

Opp. Party Ms. Susamarani Sahoo Addl. Standing Counsel

CORAM:

JUSTICE S.K. SAHOO

ORDER

Order No.

05.01.2022 01.

This matter is taken up through Hybrid Arrangement (Video Conferencing/Physical Mode). Heard learned counsel for the petitioners and learned counsel for the State.

This is an application under section 438 of Cr.P.C. for grant of anticipatory bail to the petitioners in connection with Bada Bazar P.S. Case No.97 of 2021 corresponding to G.R. Case No.812 of 2021 pending in the court of learned S.D.J.M., Berhampur for alleged commission of offences under sections 498-A/304B/34 of the Indian Penal Code read with section 4 of

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Learned counsel for the petitioners submits that some of the co-accused persons have already been released on bail. He further submitted that the petitioners may be permitted to surrender in the Court below and move for bail and the claim of parity with the co-accused persons released on bail may be taken into account while adjudicating the bail application. Learned counsel for the State has no objection to such prayer.

Considering the submissions made by the learned counsel for the respective parties, while not inclining to grant anticipatory bail to the petitioners, I direct that in the event the petitioners surrender before the learned Court below within a period of four weeks from today and move for bail, the same shall be considered in accordance with law expeditiously and while disposing of the bail application, the learned Courts below shall consider the claim of parity with the co-accused persons, who are stated to have been released on bail. The case records shall be made available to the Court concerned.

The ABLAPL stands disposed of.

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

p ( S.K. Sahoo) Judge

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