Partly allowed

Rabindra Kumar Das v. State of Odisha

Orissa HC2 Dec 2021ABLAPL/11663/2021

Case brief

AI extract

What is this about?

High Court of Orissa disposed of a pre-arrest bail petition. Prayer for Petitioner No.1 was rejected as not pressed due to name deletion from charge sheet. Petitioner No.2 was granted conditional bail pending surrender within six weeks. Police directed to arrest if she fails to surrender.

What did the court decide?

Prayer for Petitioner No.1 rejected as not pressed; Prayer for Petitioner No.2 allowed conditionally on surrendering within six weeks or subject to arrest.

Rabindra Kumar Das Vs State of Odisha — Domestic Violence | Orissa HC (2021)

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IN THE HIGH COURT OF ORISSA AT CUTTACK

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ABLAPL No.11663 of 2021

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Rabindra Kumar Das & another ….

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Petitioners

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-versus-

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State of Odisha

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…. Opposite Party

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CORAM: THE JUSTICE S.PUJAHARI

Order No.

ORDER 02.12.2021

This matter is taken up through Hybrid mode.

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The Petitioners apprehending their arrest in ICC No.221 of 2021 pending in the court of J.M.F.C., Salipur registered for alleged commission of offence punishable under Sections 498A/294/323/307/420/467/468/506/34 read with Section 4 of the D.P Act have filed this petition for their release on pre-arrest bail.

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Heard learned counsel for the Petitioners and learned counsel for the State.

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The name of Petitioner no.1 having been deleted from the charge sheet, as submitted by the learned counsel for the State, learned counsel for the Petitioners does not want to press the prayer for pre-arrest bail of Petitioner No.1.

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Accordingly, the prayer for pre-arrest bail of Petitioner No.1 stands rejected as not pressed.

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So far as the prayer for pre-arrest bail of Petitioner No.2 is concerned, who is the mother-in-law and the charge sheet having been filed under Sections 498-A/506/406/323/34 IPC read

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Page 1 of 2

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// 2 //

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with Section 4 of the D.P Act, as submitted by the learned counsel for the State and considering the facts and the submissions made, especially the nature and character of allegations appearing against the Petitioner No.2, circumstances in which the offences stated to have been committed, factum of completion of investigation and also there being no likelihood of the Petitioner No.2 absconding and/or tampering with the prosecution evidence, if released on pre-arrest bail, this Court directs that if the Petitioner No.2 surrenders before the Court in seisin over the matter within six weeks hence and makes a motion for bail, the Court in seisin over the matter shall release her on bail in connection with the aforesaid case on such terms and conditions as it may deem just and proper.

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However, if the Petitioner No.2 does not surrender within the time stipulated, there is no impediment on the part of the Police to take her to custody and produce in the Court executing the non-bailable warrant issued or pending against her in the aforesaid case and in that event, the court concerned shall consider her prayer on its own merit.

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The ABLAPL is, accordingly, disposed of being allowed in part.

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

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(S. Pujahari) Judge

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PKS

Rabindra Kumar Das v. State of Odisha

Case brief

What is this about?

What did the court decide?

Rabindra Kumar Das v. State of Odisha

Case brief

What is this about?

What did the court decide?

What the court decided

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