Mira Sahoo @ Mira Parida Vs State of Odisha

Instant petition under Section 482 BNSS is filed seeking pre-arrest bail of the petitioners in connection with G.R. Case No.170 of 2022 pending in the file of learned J.M.F.C, Kanas arising out of Jodapadar P.S Case No.74 of 2022 on the grounds stated.

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Perused the FIR as at Annexure-1. The case diary is produced by learned counsel for the State and the same is gone through. The assault is by the co-accused, namely, father of the petitioner by means of a sharp-edged weapon causing injuries to the victim. But no case under Section 307 IPC is registered. In so far as, the statements of the witnesses present at the spot, it is revealed by them that the accused father assaulted the victim by means of a Katuri. The presence of the petitioner has been claimed by all the witnesses. In fact, the victim was

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plucking coconuts and on him getting down, he was assaulted by the other accused. It is alleged that such assault was after instigation from the side of the petitioner. But the Court finds that the co-accused father did the mischief and he suddenly picked up the Katuri and assaulted the victim. Admittedly, for the alleged assault, the victim received grievous injuries. From the medical examination report of the injured, namely, Nibash Parida is made to understand that he suffered fracture of his right leg stated to be grievous in nature. Even though the allegation is in the FIR with assault by means of a Katuri, no such cut injury was found during the medical examination of the victim above named. The other victim, who is the wife of said Nibash Parida, however, received a simple injury. Considering the above facts and submissions of learned counsel for the respective parties that the petitioner is not responsible of the assault during the incident, rather, the co-accused, the Court is inclined to direct her to surrender before the learned court below instead of entertaining any such plea for pre-arrest bail.

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4. Accordingly, it is ordered.

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In the result, the ABLAPL is disposed of with the direction as aforesaid. In the event, the petitioner surrenders before the court of learned J.M.F.C, Kanas within fortnight from today, it is directed that she shall be released on bail in connection with G.R. Case No.170 of 2022 corresponding to Jodapadar P.S Case No.74 of 2022 on furnishing a bail bond of Rs.30,000/-(rupees thirty thousand) with one solvent surety for

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Rojina

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the like amount with such other conditions imposed as deemed just and proper and in the facts and circumstances of the case.

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