Orissa High Court
) Jayaprada Tripathy vs ) State Of Odisha ..... Opposite Parties on 25 September, 2024
Author: Aditya Kumar Mohapatra
Bench: Aditya Kumar Mohapatra
IN THE HIGH COURT OF ORISSA AT CUTTACK
ABLAPL No.10355 of 2024
1) Jayaprada Tripathy ..... Petitioners
2) Anuradha Tripathy (Mohapatra) Represented By Adv. -
3) Deepankar Mohapatra Nishikanta Mishra
4) Subhankar Mohapatra
-versus-
1) State Of Odisha ..... Opposite Parties
2) Geetanjali Tripathy Represented By Adv. -
M.K.Mohanty, ASC
CORAM:
THE HON'BLE MR. JUSTICE ADITYA KUMAR
MOHAPATRA
ORDER
25.09.2024 Order No.
01. 1. This matter is taken up through Hybrid Arrangement (Virtual /Physical Mode).
2. Heard learned counsel for the Petitioners and learned Addl. Standing Counsel for the State. Perused the records.
3. This is an application under Section 482, B.N.S.S. filed by the Petitioners for anticipatory bail, involving offence punishable under Sections 341/294/120(b)/323/325/326/354(a)/354(b)/441/446/448/452/ 449/500/504/506/509/34 of I.P.C. in 1CC Case No.46/2024 of the Court of learned J.M.F.C., Nimapara.
4. It is stated by learned counsel for the Petitioners that the present anticipatory bail application arises out of a complaint case out of 1.C.C. Page 1 of 3. Case No.46 of 2024. He further submitted that mother in law of the present petitioner No.1 has lodged this F.I.R. against the daughter in law i.e. the present Petitioner No.1. He further contended that while the Petitioner No.1, who happens to be the daughter in law of the informant, made an attempt to enter into the house of the informant, so far the informant has lodged this false case against the present petitioners. He further contended that the present dispute arise out of a matrimonial dispute between the two sides.
5. Considering the seriousness of the allegation, gravity of the offence and the facts of the case, although I am not inclined to grant anticipatory bail to the Petitioners, however it is observed that, in the event the Petitioners surrender and move for bail before the learned court in seisin over the matter within a period of three weeks from today, they shall be released on bail on such terms and conditions as the learned Magistrate may deem just and proper with further conditions that:-
I. shall not harass, threaten, terrorize the informant in any manner whatsoever;
II. shall cooperate with the investigation and appear before the Investigating Officer as and when required for the purpose of investigation; and III. shall not default in attendance of the court during trial on each date of posting.
Violation of any of the terms and conditions shall entail cancellation of the bail.
6. It is further directed that the bail granted to the petitioners is subject to verification of injury report. In the event, the injured has sustained any grievous injury, then this order stands automatically revoked.
Page 2 of 3.7. The ABLAPL is disposed of accordingly.
8. Urgent certified copy of this order be granted as per rules.
( A.K. Mohapatra) Judge Anil Signature Not Verified Page 3 of 3. Digitally Signed Signed by: ANIL KUMAR SAHOO Reason: Authentication Location: High Court of Orissa Date: 26-Sep-2024 11:04:59