Extracted from the PDF above. The PDF is authoritative.
IN THE HIGH COURT OF ORISSA AT CUTTACK
ABLAPL No.11407 of 2024
Girija Nandan Jena …. Petitioner
Mr. Susanta Kumar Baral, Advocate -versus-
1. State of Odisha
2. Jitamitra Jena
….
Opp. Parties
Mr. Jateswar Nayak, Addl. Govt. Advocate Mr. Tapan Jyoti Pani, Advocate for opp. party no.2 (informant)
CORAM:
JUSTICE S.K. SAHOO
Order No.
ORDER
07.02.2025
04.
This matter is taken up through Hybrid arrangement (video conferencing/physical mode).
Heard the learned counsel for the petitioner,
learned counsel for the State, learned counsel for the informant so also the informant, who is present in Court today in person.
This is an application under section 482 of BNSS for grant of anticipatory bail to the petitioner in connection with Madhupatna P.S. Case No.262 of 2024 corresponding to G.R. Case No.1050 of 2024 pending in the Court of learned J.M.F.C.-IV (Cog. Digitally Signed Signed by: SIPUN BEHERA Reason: Authentication Location: HIGH COURT OF ORISSA, CUTTACK Date: 07-Feb-2025 17:19:20 Signature Not Verified
Taking), Cuttack for commission of the alleged offences punishable under sections 294/498-A/506/34 of the Indian Penal Code and section 4 of the Dowry Prohibition Act.
Perused the report of the Mediator, High Court of Orissa Mediation Centre, Cuttack in Mediation Proceeding No.342 of 2024 wherein it is indicated that the mediation became ‘unsuccessful’. The report is taken on record.
Learned counsel for the petitioner submitted that the petitioner is a Govt. servant working as Excise Sub-Inspector and the informant is also a Govt. servant working as Revenue Inspector at Derabish Tahasil and the case arises out of a matrimonial dispute and the offences are triable by Magistrate.
Learned counsel further submitted that the informant has instituted a D.V. case in Kendrapara Court and though the petitioner had instituted a divorce case against the informant before the learned Judge, Family Court, Cuttack, on the transfer application being filed by the informant, the said divorce case has been transferred to the learned Judge, Family Court, Kendrapara for adjudication. Learned counsel further submitted that the in view of the nature of accusation against the petitioner, the anticipatory bail application of the petitioner may be favourably considered.
Digitally Signed Signed by: SIPUN BEHERA Reason: Authentication Location: HIGH COURT OF ORISSA, CUTTACK Date: 07-Feb-2025 17:19:20 Signature Not Verified
Learned counsel for the State so also the informant opposed the prayer for bail.
Considering the submissions made by the
learned counsel for the respective parties, the nature of accusation against the petitioner, the fact that the case arises out of a matrimonial dispute and the offences are triable by Magistrate and since several proceedings have been instituted by the parties among themselves, the interim
order dated 18.10.2024 is made absolute.
Accordingly, ABLAPL stands disposed of.
Issue certified copy as per Rules.
( S.K. Sahoo) Judge Sipun
ORISSA, CUTTACK