Allowed

Bisan Behera v. State of Odisha

Orissa HC13 Dec 2021ABLAPL/15194/2021

Case brief

AI extract

What is this about?

High Court of Orissa granted anticipatory bail to petitioners facing arrest in Paradeep P.S. Case No. 278 of 2021 for IPC offences and D.P. Act violation arising from marital discord, allowing them to cooperate with investigation.

What did the court decide?

Petitioners to be released on bail by arresting officer on such terms and conditions as deemed just and proper subject to cooperation with investigation.

Bisan Behera Vs State of Odisha — Bail and Remand | Orissa HC (2021)

¶1

IN THE HIGH COURT OF ORISSA AT CUTTACK

¶2

ABLAPL No.15194 of 2021

¶3

Bisan Behera & others.

¶4

…. Petitioners

¶5

-versus-

¶6

…. State of Odisha Opposite Party

¶7

CORAM: JUSTICE S. PUJAHARI

ORDER

Order No.

13.12.2021

This matter is taken up through Hybrid mode.

¶13

The Petitioners apprehending their arrest in Paradeep Lock P.S. Case No.278 of 2021 registered for alleged commission of offences punishable under Sections 498-A, 323, 294, 313 and 506/34 of IPC and Section 4 of the D.P. Act, have filed this petition for their release on pre-arrest bail.

¶14

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

¶15

4. Perused the F.I.R. allegations.

¶16

5. It appears that the matter arises out of marital discord.

¶17

On consideration of the allegations made in the F.I.R. and also submissions made, especially the nature of accusation, circumstances in which the offences stated to have been committed, the fact that the matter arises out of marital discord and it being not

¶18

Page 1 of 2

¶19

// 2 //

¶20

disputed that the Petitioners’ release on pre-arrest bail shall not be an hindrance to a free and fair investigation, this Court is of the view that the Petitioners have made out a case for their release on prearrest bail, more particularly when they are ready and willing to cooperate with the investigation and they have no chance of absconding and/or tampering with the prosecution evidence, if released on pre-arrest bail.

¶21

Hence, this Court directs that in the event of arrest of the Petitioners in connection with the aforesaid case, they be released on bail by the Officer effecting arrest on such terms and conditions as deemed just and proper.

¶22

However, the aforesaid order is subject to the condition that the Petitioners shall cooperate with the investigation and no other graver offence is reported against the Petitioners besides the aforesaid offences.

¶23

The ABLAPL is, accordingly, disposed of being allowed.

¶24

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

¶25

(S. Pujahari) Judge

¶26

MRS

¶27

Page 2 of 2

Bisan Behera v. State of Odisha

Case brief

What is this about?

What did the court decide?

Bisan 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

Babu @ Manoj Rout Vs State of Odisha

Surati Behera Vs State of Odisha

Rudra Ranjan Das Vs State of Odisha

Nikhil Honda Vs State of Odisha

Sudhansubala Behera Vs State of Odisha(Vig.)

Sasmita Sa Vs State of Odisha