Single bench granted anticipatory bail to petitioners, married sisters-in-law of the informant, in a matrimonial dispute case involving offences under Sections 498-A, 323, 294, 506/34 of IPC.
Released on bail upon production of bail bond of Rs.10,000/- each and two sureties. Conditions of availability for interrogation and non-inducement of witnesses imposed.
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ABLAPL No. 6322 of 2020
1. Saraswati Sahu … PETITIONERS 2. Smt.Parbati Sahoo @ Behera
-VERSUSSTATE OF ODISHA ...
... OPP. PARTY
This is an application under section 438 Cr.P.C. for grant of anticipatory bail to the petitioners in connection with Sahadevkhunta P.S. Case No.102 of 2020 corresponding to C.T. Case No.263 of 2020 pending in the Court of learned S.D.J.M., Balasore for alleged commission of offences under sections 498-A, 323, 294, 506/34 of the Indian Penal Code.
Considering the submission of the learned counsel for the petitioners that the petitioners are the married sisters-in-law of the informant and the case arises out of a matrimonial dispute and the offences are triable by Magistrate and on hearing the learned counsel for the State, 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.
Violation of any of the above conditions shall entail cancellation of bail.
The ABLAPL is accordingly disposed of.
Issue urgent certified copy as per Rules.
…………………..……
S.K. Sahoo, J.
PKSahoo
3 issues framed by the court
Whether the petitioners should be granted anticipatory bail in connection with a matrimonial dispute involving offences under Sections 498-A, 323, 294, 506/34 of the IPC.
Whether the conditions for bail, including furnishing of bond and sureties and non-inducement, are appropriate in this case.
Whether the case arising from a matrimonial dispute warrants the grant of anticipatory bail.
2 provisions across 2 enactments
Saraswati Sahu
Smt. Parbati Sahoo @ Behera
State of Odisha
S.K. Sahoo
As recorded by the court registry
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