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2025 DAILYLAW 8024 (ORI)

PRIYABRATA BEHERA v. STATE OF ODISHA

ABLAPL/139/2025 · 2025-01-08

Aditya Kumar Mohapatra

body2025

Judgment text

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Page 1 of 3. IN THE HIGH COURT OF ORISSA AT CUTTACK ABLAPL No.139 of 2025 1) Priyabrata Behera ..... Petitioners 2) Rohit Kumar Behera 3) Nalini Prava Behera Represented By Adv. - Sanjeev Udgata -versus- 1) State Of Odisha ..... Opposite Parties 2) Sarojini Pradhan Represented By Adv. – Mr.Samaresh Jena, ASC CORAM: THE HON'BLE MR. JUSTICE ADITYA KUMAR MOHAPATRA ORDER 08.01.2025 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. This is an application under Section 482 of BNSS, 2023 filed by the Petitioners for anticipatory bail, involving offence punishable under Sections 61(2),126(2), 329(3)(4), 333, 115, 74, 308(2), 318(4), 316(2), 351(2), 3(5) of B.N.S.2023. 4. It is stated by the learned counsel for the Petitioners that Petitioner No.1 happens to be the ex- husband of the informant. He further contended that due to matrimonial discord a matrimonial dispute was initiated at the instance of Petitioner No.1. He also contended that Page 2 of 3. divorce decree has been drawn and the alimony amount has been paid to the informant. He also contended that although both were staying separately, the Petitioner has been falsely implicated by the informant. He further contended that the execution case which was initiated for realisation of alimony amount has already been dropped in the meantime. 5. Learned Additional Standing Counsel appearing for the State objected to the release of the Petitioners on pre-arrest bail on the ground of seriousness and gravity of the allegation and the Petitioners are habitual offenders. 6. Considering the submissions made by the learned counsels for the respective parties, on careful examination of the surrounding facts and circumstances of the case, the Petitioners are directed to surrender before the learned J.M.F.C., (Cog.Taking) Dhenkanal in I.C.C.Case No.15 of 2024 within a period of three weeks from today. In such eventuality, learned court in seisin over the matter shall do well to release the Petitioners on bail on such terms and conditions as the learned Magistrate may deem just and proper in the facts and circumstances of the case. Release of the Petitioners shall be subject to the following additional conditions: i) shall appear before the trial court on each and every date fixed without fail; ii) shall not threaten, influence, harass or terrorise the informant and her family members in any manner what so ever. Page 3 of 3. Violation of conditions either imposed by this Court or imposed by the learned court in seisin over the matter shall entail cancellation of bail. 7. Additionally, the Petitioner Nos.3,4& 5 shall furnish a cash security of Rs.3,000/- (Rupees Three thousand ) each before the learned court in seisin over the matter, and shall be kept in any Nationalised Bank in interest bearing account initially for a period of one year which will be renewable from time to time till conclusion of trial and the same shall be abide by the final outcome of the trial of the case. 8. The ABLAPL is disposed of accordingly. 9 Issue urgent certified copy of this order as per Rules. ( ADITYA KUMAR MOHAPATRA) JUDGE RKS