Siba Kumar Pradhan v. State Of Odisha
IN THE HIGH COURT OF ORISSA AT CUTTACK
ABLAPL No.16565 of 2021
1. Siba Kumar Pradhan
2. Hemalata Pradhan
3. Sudhansu Sekhar Pradhan
4. Sangita Pradhan ....
Petitioners Mr.G.K. Nayak, 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.
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 Satyabadi P.S. Case No.405 of 2021 corresponding to G.R. Case No.3194 of 2021 pending before the learned S.D.J.M., Puri for commission of alleged offences under sections 498-A, 313 read with section 34 of the Indian Penal Code.
Learned counsel for the petitioners submitted
// 2 // that the first information report was lodged against three persons, out of which Simansu Sekhar Pradhan has approached this Court for grant of anticipatory bail in ABLAPL No. 15782 of 2021 and he has been granted interim protection. Learned counsel further submitted that one Damodar Pradhan, whose name finds place in the F.I.R. has been arrested and released on bail. It is further contended by the learned counsel for the petitioners that even though the petitioners have not been named in the F.I.R., but petitioner nos.1 and 2 are the parents in-law, petitioner no.3 is the elder brother in-law and petitioner no.4 is the sister in-law of the informant and they have been subsequently entangled in the case and therefore, the prayer for anticipatory bail may be favourably considered.
Learned counsel for the State opposed the prayer for anticipatory bail and submitted that the petitioners were subjecting the informant to physical and mental torture.
Considering the submissions made by the learned counsel for the respective parties, nature of accusation against the petitioners, release of the coaccused on bail and since the main allegation is against the husband of the informant, I am inclined to release the petitioners on anticipatory bail and accordingly, this Court directs that in the event of arrest of the petitioners in connection with the
// 3 // 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 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 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