Sabitri Jena v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No.16188 of 2022 Sabitri Jena & Others .... Petitioners Mr. Biswaranjan Dalai, Advocate -versusState of Odisha ....

Opposite Party Mr. M.K. Mohanty, A.S.C.

CORAM:

JUSTICE CHITTARANJAN DASH Order No.

ORDER

22.12.2022 01.

1. Heard the learned counsels for the Petitioners and the State.

2. By means of this application, the Petitioners seek grant of bail U/s.438 Cr.P.C. in apprehension of arrest for their alleged involvement in the offences U/s. 498-A/323/294/307/506/34, I.P.C. and Section 4 of the D.P. Act, in connection with Mahanga P.S. Case No.349 of 2022 corresponding to G.R. Case No.1056 of 2022 pending in the court of learned J.M.F.C., Salipur.

3. Learned counsel for the Petitioners submits that the allegations made in the complaint primarily points to the husband. As far as the Petitioners are concerned they are the in laws. It is submitted that on the day of incident they were not present in the house.

4. Considering the submission of the learned counsel for the Petitioners, nature of allegations, the circumstances appearing and the seriousness and gravity of the offences, while this court is not inclined to grant anticipatory bail, it is directed that, in the event the

// 2 // Petitioners surrender and move for bail before the learned J.M.F.C., Salipur in the aforesaid G.R. Case within a period of three weeks from today, they shall be allowed to go on bail on such terms and conditions as would be deemed just and proper by the said court, but subject to the following further conditions - (i) The Petitioners shall appear before the I.O. and shall cooperate with the investigation as and when required;

(ii) They shall appear in person before the trial court on each date of posting of the case unless specifically exempted by the court concerned.

(iii) They shall not threaten, intimidate, terrorise, ill-treat or harass the Informant and her family members.

(iv) Violation of any of the conditions shall entail cancellation of bail of the Petitioners.

5. The ABLAPL is disposed of accordingly.

( Chittaranjan Dash ) Judge S.K. Parida