This application granted anticipatory bail to the petitioners in a matrimonial dispute involving offences under the Indian Penal Code and D.P. Act, relying on the proviso to section 437(1) Cr.P.C.
Petitioners released on anticipatory bail upon furnishing bail bond of Rs.10,000 each with two sureties and complying with specified conditions.
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IN THE HIGH COURT OF ORISSA AT CUTTACK
ABLAPL No.16098 of 2021
Mr. S.K. Nayak, Advocate
-versus-
State of Odisha …. Opp. Party
Mr. A.K. Beura,
Addl. Standing Counsel
CORAM:
JUSTICE S.K. SAHOO
ORDER
Order No. 19.01.2022
01. This matter is taken up by video conferencing
mode.
Heard learned counsel for the petitioners and
learned counsel for the State.
This is an application under section 438 Cr.P.C. for grant of anticipatory bail to the petitioners in connection with G.R. Case No.2878 of 2021 arising out of Tihidi P.S. Case No.408 of 2021 pending in the Court of learned S.D.J.M., Bhadrak for alleged commission of offences under sections 498-A/294/ 323/324/506/34 of the Indian Penal Code read with section 4 of the D.P. Act.
Perused the F.I.R.
// 2 //
Considering the submission made by the learned counsel for the petitioners that petitioner no.1 is the mother-in-law and petitioner no.2 is the sisterin-law of the informant and the case arises out of a matrimonial dispute and the offences are triable by Magistrate and keeping in view the proviso to section 437(1) of Cr.P.C. 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 such facts to the Court or to the Investigating Officer.
Violation of any of the above conditions shall entail cancellation of bail.
The ABLAPL is accordingly disposed of.
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
Page 2 of 3
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prescribed vide Office Order dated 7th January 2022.
( S.K. Sahoo)
Judge
RKM
Page 3 of 3
2 issues framed by the court
Whether petitioners are entitled to anticipatory bail in a matrimonial dispute case involving cognizable offences triable by Magistrate.
Whether the proviso to section 437(1) of Cr.P.C. permits granting anticipatory bail in the present circumstances.
3 provisions across 2 enactments
Rukmani Behera
Subharani @ Subhasmita Behera
State of Odisha
S.K. Sahoo
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
