Tulasi Behera v. State Of Odisha
IN THE HIGH COURT OF ORISSA AT CUTTACK
ABLAPL No.16759 of 2021
1. Tulasi Behera
2. Abhiram Behera
3. Pratap Chandra Behera
4. Prasana Kumar Behera Petitioners ....
Mr. Saroj Kumar Dash, Advocate -versusState of Odisha ....
Opp. Party Mrs.Susama Rani Sahoo, Addl. Standing Counsel
CORAM:
JUSTICE S.K. SAHOO Order No.
ORDER
25.01.2022 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 Nirakarpur P.S. Case No. 202 of 2021 corresponding to G.R. Case No. 527 of 2021 pending in the Court of learned J.M.F.C.-cum- NGN, Tangi for commission of alleged offences under sections 498-A, 323, 506/34 of the Indian Penal Code and section 4 of
// 2 // the Dowry Prohibition Act.
Learned counsel for the petitioners submitted that petitioner no.1 is the mother in-law, petitioner no.2 is the father in-law and petitioner nos. 3, 4 and 5 are the brothers in-law of the informant and the main allegation is against the husband of the informant, and since the offences are triable by Magistrate, the prayer for anticipatory bail may be favourably considered.
Learned counsel for the State opposed the prayer for anticipatory bail.
Considering the submissions made by the learned counsel for the respective parties, nature of accusation against the petitioners, the offences are triable by Magistrate 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 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
// 3 // 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