Hari Nayak @ Lalita Nayak Vs State of Odisha — Dowry and Cruelty | Orissa HC (2025)

Hari Nayak @ Lalita Nayak Vs State of Odisha — Dowry and Cruelty | Orissa HC (2025)

What the court decided

AI extract

Outcome

Anticipatory bail refused; however, the petitioner is to be released on bail if he surrenders and applies for bail before the learned S.D.J.M., Cuttack in G.R.Case No.670 of 2023 within three weeks, on terms and conditions fixed by the Magistrate, subject to the stated conditions (including interim monthly maintenance of Rs.3,000/- to the informant till conclusion of trial); violation entails cancellation of bail.

Issue for consideration

Whether the petitioner should be granted anticipatory bail under Section 438 Cr.P.C. in respect of offences punishable under Sections 498-A, 506/34 IPC read with Section 4 of the Dowry Prohibition Act, 1961 (G.R.Case No.670 of 2023 arising out of Mahila P.S.Case No.146 of 2023).

Court's answer

Anticipatory bail was declined, the Court being guided by the seriousness of the allegation, gravity of the offence and the facts of the case.

Ratio / Principle

However, if the petitioner surrenders and moves for bail before the learned S.D.J.M., Cuttack in G.R.Case No.670 of 2023 within three weeks, he shall be released on bail on such terms and conditions as the learned Magistrate may deem just and proper.

Key takeaways

Release is subject to conditions: cooperation with the investigation and appearance before the I.O. as and when required; appearance before the court below on each date of posting; no threatening, influencing, harassing or terrorising of the informant and her family members; and payment of interim monthly maintenance of Rs.3,000/- to the informant till conclusion of the trial, subject to any order of the competent forum; violation shall entail cancellation of bail.ratio¶18

Detailed headnote1 paragraphs

Anticipatory bail under Section 438 Cr.P.C. sought by Hari Nayak @ Lalita Nayak in G.R.Case No.670 of 2023 arising out of Mahila P.S.Case No.146 of 2023 (S.D.J.M., Cuttack), involving offences under Sections 498-A, 506/34 IPC read with Section 4 of the Dowry Prohibition Act, 1961. Anticipatory bail was declined in view of the seriousness of the allegation and gravity of the offence; however, the Court directed that if the petitioner surrenders and moves for bail before the learned S.D.J.M., Cuttack within three weeks, he shall be released on bail on such terms and conditions as the Magistrate deems just and proper, subject to: cooperation with the investigation and appearance before the I.O.; appearance before the court below on each date of posting; abstention from threatening, influencing, harassing or terrorising the informant and her family members; and payment of interim monthly maintenance of Rs.3,000/- to the informant till conclusion of the trial, subject to any order of the competent forum. Violation of conditions shall entail cancellation of bail. Application disposed of accordingly.

IN THE HIGH COURT OF ORISSA AT CUTTACK ABLAPL No.876 of 2024

Hari Nayak @ Lalita Nayak ..... Petitioner

Represented By Adv. - Pranaya Kumar Dash

-versus-

State Of Odisha

..... Opposite Parties Represented By Adv. - M/s Chitta Ranjan Sahu Mr.U.C.Jena, ASC

CORAM:

THE HON'BLE MR. JUSTICE ADITYA KUMAR MOHAPATRA ORDER

05.04.2025

Order No.

1. This matter is taken up through Hybrid Arrangement (Virtual /Physical Mode).

Heard learned counsel for the Petitioner as well as learned Additional Standing Counsel for the State. Perused the records.

This is an application under Section 438 Cr.P.C. filed by the Petitioner for anticipatory bail, involving offence punishable under Sections 498-A,506/34 of the Indian Penal Code read with Section 4 of Dowry Prohibition Act, 1961.

Considering the seriousness of the allegation, gravity of the offence and the fact of the case, although I am not inclined to grant anticipatory bail to the Petitioner however it is observed that, in the event the Petitioner surrenders and moves for bail before the learned

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S.D.J.M., Cuttack in G.R.Case No.670 of 2023 arising out of Mahila P.S.Case No.146 of 2023 within a period of three weeks from today, he shall be released on bail on such terms and conditions as the learned Magistrate may deem just and proper in the facts and circumstances of the case. Release of the Petitioner shall be subject to the following conditions:

i) shall cooperate with the investigation and appear before the I.O. as and when required for the purpose of investigation; ii) shall appear before the court below on each date of posting without fail

iii) shall not threaten, influence, harass or terrorise the informant and her family members in any manner whatsoever; iii) the Petitioner shall provide interim monthly maintenance of Rs.3,000/- (Rupees Three thousand) to the informant till conclusion of the trial which shall be subject to any order to be passed by the competent forum having jurisdiction.

Violation of conditions shall entail cancellation of

bail.

The ABLAPL is disposed of accordingly.

Issue urgent certified copy of this order as per Rules.

Signature Not Verified

Digitally Signed Signed by: RAMESH KUMAR SINGH Designation: AR-CUM-Senior Secretary Reason: Authentication Location: OHC Date: 07-Apr-2025 18:30:03

RKS

( ADITYA KUMAR MOHAPATRA) JUDGE

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