Allowed

J. Kunti Patra v. State of Odisha

Orissa HC22 Apr 2021ABLAPL/4592/2021

Case brief

AI extract

What is this about?

An application for anticipatory bail prayers was filed on behalf of female petitioners apprehending arrest for alleged offences including sections 498A and 307 IPC, arising from a domestic assault case where the husband of the informant was the main accused.

What did the court decide?

Prayer for anticipatory bail allowed; directed to release on bail upon arrest by executing bond of Rs.20,000 with surety, subject to specified conditions.

J. Kunti Patra Vs State of Odisha — Domestic Violence | Orissa HC (2021)

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ABLAPL No.4592 of 2021

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3. 22.4.2021

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Heard Mr. Sahoo, learned counsel for the petitioners, Mr. G.R. Mohapatra, learned Additional Standing Counsel and Mr. B.S. Das, learned counsel for the informant through Video Conferencing Mode.

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In this application under Section 438, Cr.P.C., the petitioners have prayed for grant of anticipatory bail as they are apprehending arrest for the alleged commission of offences under Sections 498A/341/342/323/325/307/294/506/34, I.P.C. in connection with Rambha P.S. Case No.98 of 2021 corresponding to G.R. Case No.272 of 2021 pending in the Court of learned J.M.F.C., Khallikote.

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Mr. Sahoo submits that the husband of the informant has assaulted her by using a hammer and so far as the present petitioners are concerned, they have been falsely implicated. He further submits that since the petitioners are ladies and do not have any criminal background, their prayer for grant of anticipatory bail be considered liberally. Lastly, he submits that the petitioners being permanent residents of villageSanaramachandrapur under Rambha Police Station in the district of Ganjam, there is no reasonable apprehension of their absconding from the process of justice if they are released on bail.

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Mr. Das opposes the prayer for grant of anticipatory bail.

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Perused the F.I.R. A perusal of the same

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amit

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indicates that the main assault was executed by the husband of the informant.

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Considering all these, nature of allegations, the surrounding facts, there being hardly any material to suggest that the petitioners who are ladies would abscond if released on bail, their prayer for prearrest bail is allowed. Accordingly, it is directed that in the event of their arrest, they shall be released on bail by executing bail bond of Rs.20,000/(Rupees Twenty Thousand) each with one solvent surety each for the like amount to the satisfaction of the arresting officer subject to the conditions that they shall appear before the concerned I.O. as and when required by him/her for the purpose of investigation, shall not directly or indirectly induce any person acquainted with the facts of the case, shall not commit similar type of offences and shall not threaten/terrorise the informant while on bail. Violation of any conditions of the bail shall entail cancellation of the same.

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The ABLAPL is accordingly disposed of.

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Parties may utilize the soft copy of this order available in the High Court’s Website or print out thereof at par with certified copy in the manner prescribed vide Court’s Notice No.4587 dated 25.3.2020 read with Notice No.4798 dated 15.4.2021.

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..………………………… Biswajit Mohanty, J.

J. Kunti Patra v. State of Odisha

Case brief

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J. Kunti Patra v. State of Odisha

Case brief

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