Page 1 of 3. IN THE HIGH COURT OF ORISSA AT CUTTACK ABLAPL No.13203 of 2023 Krushna Prasad Barik @ Krusna Prasad Barik ..... Petitioner Represented By Adv. - Pravash Chandra Jena -versus- State Of Odisha ..... Opposite Party Represented By Adv. – Samresh Jena, A.S.C. CORAM: THE HON'BLE MR. JUSTICE ADITYA KUMAR MOHAPATRA ORDER 23.04.2025 Order No. 05. 1. This matter is taken up through Hybrid Arrangement (Virtual /Physical Mode). 2. Heard learned counsel for the Petitioner and learned Counsel for the State. Perused the records. 3. This is an application under Section 438, Cr.P.C. filed by the Petitioner for anticipatory bail, involving offence punishable under Sections 498(A), 294, 323, 506/34 of I.P.C. read with Section 4 of the D.P. Act in C.T. Case No.559 of 2023 of the Court of learned Gramya Nyayalaya-cum-J.M.F.C., Bhograi arising out of Kamarda P.S. Case No.129 of 2023. 4. It is stated by learned counsel for the Petitioner that the Page 2 of 3. Petitioner is the husband of the informant. He further submitted that due to a matrimonial dispute between the husband and wife, the present case has been lodged by implicating the Petitioner and his family members as accused persons. He further contended that the F.I.R. in the present case was lodged on 18.10.2023 whereas the present Petitioner had filed an application under Section 9 of the Hindu Marriage Act for restitution of the conjugal right before the learned Judge, Family Court, Balasore, which has been registered as C.P. No.578 of 2023, on 18.09.2023. He further alleged that the present criminal case has been filed in retaliation to the above noted C.P. Case filed by the Petitioner. He further contended that the Petitioner does not have any criminal antecedent. He has also submitted that some of the co-accused persons have also been released on bail. 5. Learned counsel for the State on the other hand objected to the release of the Petitioner on bail on the ground that in the event the Petitioner is released on bail, there is every likelihood that he might again harass the informant. 6. 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 Petitioner, however it is observed that, in the event the Petitioner surrenders and moves for bail before the learned court in seisin over the matter 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. Violation of any of the terms and conditions shall entail cancellation of the bail. Page 3 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 Designation: Junior Stenographer