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2025 DAILYLAW 7654 (ORI)

JALADHAR DANDAPAT v. STATE OF ODISHA

/75/2025 · 2025-01-07

Aditya Kumar Mohapatra

body2025

Judgment text

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Page 1 of 2. IN THE HIGH COURT OF ORISSA AT CUTTACK ABLAPL No.75 of 2025 1) Jaladhar Dandapat ..... Petitioners 2) Puspalata Dandapat 3) Pradip Dandapat 4) Manjulata Dandapat 5) Mamata Dandapat 6) Madhusmita Dandapat Represented By Adv. - Arun Kumar Behera -versus- State Of Odisha ..... Opposite Parties Represented By Adv. – Mr.U.C.Jena, ASC CORAM: THE HON'BLE MR. JUSTICE ADITYA KUMAR MOHAPATRA ORDER 07.01.2025 Order No. 1. 1. This matter is taken up through Hybrid Arrangement (Virtual /Physical Mode). 2. Heard learned counsel for the Petitioners as well as learned Additional Standing Counsel for the State. Perused the records. 3. It is stated by the learned counsel for the Petitioners that the Petitioners are the in-laws family members of the proposed informant. He further submitted that since the Petitioners are apprehending that the daughter-in-law might lodge information before the Police implicating the Petitioners on the allegation of dowry torture, they have approached this court for their protection. Page 2 of 2. 4. Taking into consideration the aforesaid fact and keeping in view the fact that no F.I.R. has been lodged as of now, there is no apprehension of their arrest, this Court deems it proper to dispose of the bail application directing the Arresting Officer to first explore the possibility of applying the principles under Section 35(3)(4) & (5) of BNSS as has been directed by the Hon’ble Supreme Court in the case of Arnesh Kumar v. State of Bihar & another reported in (2014) 8 SCC 273, if the same is applicable to the facts of the present case. 5. The ABLAPL is disposed of accordingly. 6. Issue urgent certified copy of this order as per Rules. ( ADITYA KUMAR MOHAPATRA) JUDGE RKS