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Orissa High CourtABLAPL/16543/2021allowed

Ruhuni Naik @ Rohini Dei v. State Of Odisha

2022-01-24Mr. Justice S.K.Sahoo2 pages

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No.16543 of 2021 Ruhuni Naik @ Rohini Dei ....

Petitioner Mr.A.K. Sahoo, Advocate -versusState of Odisha ....

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

CORAM:

JUSTICE S.K. SAHOO Order No.

ORDER

24.01.2022 01.

This matter is taken up through video conferencing 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 Dasapalla P.S. Case No.162 of 2021 corresponding to G.R. Case No.266 of 2021 pending in the court of learned J.M.F.C., Dasapalla for alleged commission of offences under sections 498-A, 323, 294, 494, 506/34 of the Indian Penal Code and section 4 of the Dowry Prohibition Act.

Perused the F.I.R. annexed to the anticipatory bail application.

Considering the nature of accusation against the petitioner, who is the mother in-law of the informant and the case arises out of a matrimonial dispute and the main

// 2 // allegation is against the husband of the informant, the offences are triable by Magistrate and keeping in view the proviso to section 437(1) Cr.P.C. and on hearing the learned counsel for the State, 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 of the case so as to dissuade him from disclosing any facts to the Courts or to the Investigating Officer. Violation of any of the above conditions shall entail cancellation of bail.

The ABLAPL is accordingly 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 PKSahoo