Allowed

Sanatan Behera v. State of Odisha

Orissa HC13 May 2020ABLAPL/4587/2020

Case brief

AI extract

What is this about?

Single judge allowed an application under Section 438 CrPC for anticipatory bail to four petitioners facing criminal charges arising from a matrimonial dispute. The court granted bail subject to standard conditions.

What did the court decide?

Direction to release petitioners on bail upon arrest if it occurs, by furnishing a bond of Rs.10,000 with two sureties for the same amount, subject to conditions regarding interrogation and witness in

Sanatan Behera Vs State of Odisha — Matrimonial and Divorce | Orissa HC (2020)

¶1

ABLAPL No. 4587 of 2020

¶2

1. Sanatan Behera

¶3

2. Draupadi Behera

¶4

3. Amarendra Behera

¶5

… PETITIONERS

¶6

4. Banita Behera

¶7

-VERSUS- STATE OF ODISHA ...

¶8

... OPP. PARTY

¶9

13.05.2020 Heard learned counsel for the petitioners and learned counsel for the State.

¶10

This is an application under section 438 Cr.P.C. for grant of anticipatory bail to the petitioners in connection with Pallahara P.S Case No. 64 of 2020 corresponding to G.R Case No. 121 of 2020 now pending in the file of learned S.D.J.M., Pallahara for alleged commission of offences under sections 448, 294, 323, 307, 354-B, 506/34 of the Indian Penal Code.

¶11

Learned counsel for the petitioners submitted that petitioner no.1 is the father-in-law, petitioner no.2 is the mother-in-law, petitioner no.3 is the brother-in-law and petitioner no.4 is the wife of the informant. He further submitted that the case arises out of a matrimonial dispute and there are no such materials to attract the ingredients of the offence under section 307 of the Indian Penal Code and therefore, the anticipatory bail application may be favourably considered.

¶12

Learned counsel for the State has produced the case diary and submitted that all the injured persons have sustained simple injuries.

¶13

Considering the submission made by the learned counsel for the respective parties, the nature of accusation against the petitioners, relationship between the parties, background of the case and the nature of injuries sustained by the injured persons, 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 to dissuade him from disclosing any facts to the Courts or to the investigating Officer.

¶14

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

¶15

The ABLAPL is accordingly disposed of. Issue urgent certified copy as per Rules..

¶16

…………………..……

¶17

S.K. Sahoo, J.

¶18

PKSahoo

Sanatan Behera v. State of Odisha

Case brief

What is this about?

What did the court decide?

Sanatan Behera v. State of Odisha

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

Chagula @ Manoj Jena @ Manoj Kumar Jena Vs State of Odisha

Faiz Rahman Vs State of Odisha

Pradeep Kumar Sahu Vs State of Orissa

Najir Munda Vs State of Odisha

Lochani Pradhana @ Deury Vs State of Odisha

Banu @ Banamali Pradhan Vs State of Odisha