Single judge granted interim anticipatory bail to petitioners apprehending arrest in a criminal case involving IPC offences regarding alleged miscarriage and domestic disputes, finding prima facie no case under Section 313 IPC.
Application allowed; petitioners to be released on bail if arrested; order certified urgently.
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ABLAPL No.18108 of 2015
14.01.2016
ounsel.
Heard learned counsel for the petitioners and learned Addl. Standing C
The petitioners are apprehending arrest for the alleged commission of offence
under Sections 498-A, 294, 323, 313 and 506/34 of the IPC read with Section 4 of the D.P. Act
in C.T. Case No. 4470/2015 of the court of learned SDJM, Bhubaneswar, arising out of Mahila P.
S. Case No.261/2015.
The petitioner nos. 1 and 2 happen to be sister-in-law and husband of the sis
ter-in-law of the informant. The informant in her statement recorded under Section 161 Cr.P.C.
revealed that her husband caused miscarriage twice. However, the learned counsel for the peti
tioners draws attention of the Court to the case diary, which shows that both the doctors, nam
ely, S. Samal and S. Mahapatra have stated that no pregnancy has been terminated in their faci
lities with respect to the victim-informant. This Court finds that a prima facie case under Se
ction 313 IPC is not made. All other offences alleged in this case are punishable with impriso
nment for term not exceeding seven years. The husband of the informant has already been grante
d bail by the learned Sessions Judge, Bhubaneswar.
Keeping in view the aforesaid consideration and the facts of the case, ABLAPL
is allowed. In the event of their arrest in the aforesaid case, the petitioners shall be relea
sed on bail by the arresting officer on such terms and conditions as deemed just and proper by
him.
. The ABLAPL is disposed of accordingly.Urgent certified copy of this order be granted as per rules. S.K. Mishra, J.
Intheinterim,Misc.CaseitNo.8721isdirectedof2011thatthepetitioner no.2 shall not be disengage
d only on the basis of attaining the age of 60 till the next date.
Urgent certified copy of this order be granted as per rules.
S.K. Mishra, J.
2
1 issue framed by the court
Whether the petitioners are entitled to interim anticipatory bail pending detection of offences.
3 provisions across 2 enactments
Petitioners No. 1 and 2
State (Criminal First Information)
S.K. Mishra
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court