Orissa High Court
Jagadish Behera vs State Of Orissa ... Opp. Party on 4 September, 2020
Author: S.Pujahari
Bench: S. Pujahari
CORAM : Hon'ble Shri Justice S. Pujahari
ABLAPL No.9535 of 2020
Jagadish Behera ... Petitioner
- Versus -
State of Orissa ... Opp. Party
ORDER
2. 4.9.2020 In the wake of the pandemic Covid-19, the case is taken up through V.C. Heard learned counsel for the petitioner and learned counsel for the State.
The petitioner apprehending his arrest in Jaleswar P.S. Case No.214 of 2020 corresponding to C.T. Case No.428 of 2020 pending in the court of learned J.M.F.C., Jaleswar registered for alleged commission of offences punishable under Sections 498-A/323/506/34 IPC read with Section 4 of the D.P Act The allegation of the prosecution is that the informant had married the petitioner as per Hindu rites and customs. After marriage, her husband and in-laws started torturing her, both mentally as well as physically and extended threat to kill her for non-fulfillment of their illegal demand of more dowry.
2It appears that the petitioner happens to be the husband of the informant. The matter arises out of marital discord between the parties.
Hence, regard being had to the aforesaid facts and submissions made, especially the nature of accusation as appearing in the F.I.R. filed, circumstance in which the petitioner has been indicted in the case coupled with the fact that there is hardly any chance of the petitioner's absconding and/or tampering with the prosecution evidence, if released on pre-arrest bail, this Court directs that in the event of arrest of the petitioner in connection with the aforesaid case, he be released on bail by the Officer effecting arrest on such terms and conditions as deemed just and proper.
However, the aforesaid order is subject to the condition that the petitioner shall cooperate with the investigation and no other graver offence is reported against the petitioner besides the aforesaid offences.
The ABLAPL is, accordingly, disposed of being allowed.
As lock-down period is continuing for COVID-19, learned counsel for the petitioner may 3 utilize the soft copy of this order available in the High Court's website or print out thereof at par with certified copies in the manner prescribed, vide Court's Notice No.4587 dated 25.03.2020.
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S.Pujahari, J.