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Orissa High CourtABLAPL/16025/2021allowed

Smruti Santosh Palai v. State Of Odisha

2022-04-07Mr. Justice S.K.Sahoo2 pages

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No.16025 of 2021

1. Smruti Santosh Palai

2. Biswambar Palai

3. Namita Palai

4. Smuti @ Smruti ....

Petitioners Nibedita Palai @ Panda Mr.B.Sahoo, Advocate -versusState of Odisha ....

Opp. Party Mr.D.K. Pani, Addl. Standing Counsel

CORAM:

JUSTICE S.K. SAHOO Order No.

ORDER

07.04.2022 02.

This matter is taken up through Hybrid arrangement (video conferencing/physical mode).

Learned counsel for the State on instruction submitted that the informant is now staying at Banglore and after getting her phone number from her brother, she was intimated about the notice in this case through Whatsapp on 23.01.2022. None appears for the informant.

Heard learned counsel for the petitioners and learned counsel for the State.

This is an application under section 438, Cr.P.C. for grant of anticipatory bail to the petitioners in connection with Banpur P.S. Case No. 338 of 2021 corresponding to G.R.

// 2 // Case No.305 of 2021 pending in the Court of learned J.M.F.C., Banpur for the commission of the alleged offences punishable under sections 498-A, 294, 323, 506/34 of the Indian Penal Code.

Considering the submissions made by the learned counsel for the petitioners that petitioner no.1 is the husband and other petitioners are the in-laws of the informant, the case arises out of a matrimonial dispute and the fact that the petitioners have been granted interim protection since 12.01.2022 and there is no material that they have misutilized their liberty, the interim order dated 12.01.2022 is made absolute.

The ABLAPL is accordingly disposed of.

Issue urgent certified copy as per Rules.

( S.K. Sahoo) Judge PKSahoo