Parbati Sethi v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No.16244 of 2021

1. Parbati Sethi

2. Snigdha Sethi

3. Sabitri Sethi

4. Monalisa Sethi

5. Baby Sethi ....

Petitioners Mr. P.K. Biswal, Advocate -versusState of Odisha ....

Opp. Party Mr. J.P. Patra, Addl. Standing Counsel

CORAM:

JUSTICE S.K. SAHOO

ORDER

20.01.2022 01.

Order No.

This matter is taken up by video conferencing mode.

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 G.R. Case No.214 of 2020 arising out of Rajkanika P.S. Case No.124 of 2020 pending in the Court of learned J.M.F.C., Aul for alleged commission of offences under sections 341/323/324/307/506/34 of the Indian Penal Code.

Perused the F.I.R.

// 2 // Learned counsel for the petitioners submitted that one Ranjan Kumar Sethi is the injured in the case, who has sustained grievous injury and the accusation of assault on Ranjan Kumar Sethi is against co-accused persons Santosh Sethi and Santanu Sethi and so far as the petitioners are concerned, there is no specific overt act against them and moreover, they are ladies and keeping in view the proviso to section 437(1) of Cr.P.C., the anticipatory bail application of the petitioners may be favourably considered. Learned counsel for the State opposed the prayer for bail, placed the statements of the eye witnesses as well as the injury report.

Considering the submissions made by the learned counsel for the respective parties, since the main allegation of assault is against co-accused persons Santosh Sethi and Santanu Sethi, taking into account the fact that the petitioners are ladies and keeping in view the proviso to section 437(1) of Cr.P.C., I am inclined to release the petitioners on anticipatory bail. Accordingly, this Court directs that in the event of arrest of the petitioners in connection with the aforesaid case, they shall be released on bail on furnishing bail bond of Rs.10,000/- (rupees ten thousand) each with two sureties each for the like amount to the satisfaction of the arresting officer with further conditions that they shall make themselves

// 3 // available for interrogation by the I.O. as and when required and they shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts 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.

Accordingly, the ABLAPL is disposed of.

Parties may utilize the soft copy of this order available in the High Court's website or print out thereof at par with certified copy in the manner prescribed vide Office Order dated 7th January 2022. ( S.K. Sahoo) Judge RKM