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Babuli Dutta v. State of Orissa

Orissa HC1 Jun 2017ABLAPL/7848/2017

Case brief

AI extract

What is this about?

This order grants anticipatory bail to the petitioners in a matrimonial dispute case involving charges under the IPC. The court notes the release on bail of the co-accused husband and an amicable settlement by the informant. The petitioners are released on bonds with conditions regarding interrogation and inducement.

What did the court decide?

Petitioners to be released on bail by surrendering a bond of Rs. 20,000 with two sureties each and complying with specified conditions.

Babuli Dutta Vs State of Orissa — Matrimonial and Divorce | Orissa HC (2017)

¶1

ABLAPL No. 7848 of 2017

¶2

02. 01.06.2017 Heard learned counsel for the petitioners and learned
counsel for the State.

¶3

 This is an application under section 438 Cr.P.C. for grant of anticipa
tory bail to the petitioners in connection with Tihidi P.S. Case No.141 of 2017 corresponding
to G.R. Case No. 860 of 2017 pending in the Court of learned S.D.J.M., Bhadrak for alleged com
mission of offences under sections 498-A/323/307/109/34 of the Indian Penal Code.

¶4

 Perused the FIR.

¶5

 Learned counsel for the petitioners submits that the case arises out of a matrimonial d
ispute and the husband of the informant against whom main allegation has been leveled has alre
ady been released on bail. He files the copy of the bail order which is taken on record. He fu
rther submits that in the meantime the matter has been amicably settled and the informant file
d an affidavit to that effect before the learned Sessions Judge, Bhadrak. He further submits t
hat there are no specific overt act against the petitioners who are the in-laws of the informa
nt and therefore, the anticipatory bail application of the petitioners may be favourably consi
dered.

¶6

 Learned counsel for the State opposes the prayer for bail.

¶7

 Considering the submissions made by the respective parties, the nature
 of accusation against the petitioners and the release of the co-accused on bail, I am incline
d to release the petitioners on

¶8

 anticipatory bail and accordingly, this Court directs that in the event of arrest of t
he petitioners in connection with the aforesaid case, they shall be released on bail on furnis
hing bail bond of Rs.20,000/- (rupees twenty thousand) each with two sureties each for the
 like amount to the satisfaction of the arresting officer with further conditions that t
hey shall make themselves available for interrogation by the I.O. as and when required a
nd 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 t
o the Courts or to the investigating Officer.

¶9

 Violation of any of the above conditions shall entail cancellation of bail.

¶10

 The ABLAPL is accordingly disposed of.

¶11

 Urgent certified copy of this order is granted on proper application.

¶12

 S. K. Sahoo, J.

¶13

 (Vacation Judge)

¶14

skb

¶15

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Babuli Dutta v. State of Orissa

Case brief

What is this about?

What did the court decide?

Babuli Dutta v. State of Orissa

Case brief

What is this about?

What did the court decide?

What the court decided

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