Partly allowed

Nabakishore Rout v. State of Orissa

Orissa HC19 May 2016ABLAPL/1304/2016

Case brief

AI extract

What is this about?

Court declined anticipatory bail in a case involving IPC Sections 498-A, 302, 304-B and Dowry Prohibition Act. However, granted liberty to surrender within 21 working days to file for bail. Provided directives for parity and disposal of bail applications by higher forums on the same day if rejected by the trial court.

What did the court decide?

Liberty granted to surrender within 21 working days to file bail application; directive for higher forum to consider bail applications expeditiously with parity.

Nabakishore Rout Vs State of Orissa — Dowry and Cruelty | Orissa HC (2016)

¶1

ABLAPL No.1304 of 2016

¶2

19.05.2016 Heard learned counsel for the petitioners and learned Additional G
overnment Advocate.

¶3

 The petitioners are apprehending arrest for the alleged commission of offence
under Sections 498-A, 302 and 304-B/34 of the IPC read with Section 4 of the Dowry Prohibition
 Act in G.R. Case No.278 of 2007 of the court of learned J.M.F.C., Nimapara, arising out of Ni
mapara P.S. Case No.81 of 2007.

¶4

 Keeping in view the nature of allegations and the facts of the case, this Cour
t is not inclined to grant anticipatory bail to the petitioners. However, keeping in view the
submission made by the learned counsel for the petitioners, the petitioners are given liberty
to surrender before the learned J.M.F.C., Nimapara in the aforesaid case in first hour within
twenty-one working days hence and file an application for bail. On such event, the learned Mag
istrate shall consider their application for bail in the first hour. In case of rejection of t
he bail application, the petitioners may move for bail before the higher forum in the second h
our. On such event, the higher forum shall consider and dispose of the bail application of the
 petitioners on the same day by maintaining parity, if applicable.

¶5

 Case Diary be made available to the concerned courts. Records be transmitted t
o the higher forum at the cost of the petitioners, if applied for.
 The ABLAPL is disposed of accordingly.

¶6

 Urgent certified copy of this order be granted as per rules.

¶7

AKB

¶8

 S.K. Mishra, J.

¶9

Nabakishore Rout v. State of Orissa

Case brief

What is this about?

What did the court decide?

Nabakishore Rout v. State of Orissa

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Pradeep Ku.Das@Padia Vs State of Orissa

Linga Sasmal Vs State of Orissa

Khalid Ali Khan Vs State of Orissa

Bhagaban Parida Vs State of Orissa

Niranjan Sahu Vs State of Orissa

Kali Prasad Mishra Vs State of Orissa