Renuka Dash & Another vs State Of Odisha
2023 Latest Caselaw 2712 Ori

                        IN THE HIGH COURT OF ORISSA AT CUTTACK
                                   ABLAPL No.2929 of 2023

                  Renuka Dash & another                  ....            Petitioners
                                                           Mr. S.K. Nayak, Advocate
                                              -versus-
                 State of Odisha                         ....        Opposite Party
                                                          Mr. M.K. Mohanty, A.S.C.

                           CORAM:
                           JUSTICE CHITTARANJAN DASH
                                         ORDER

Order No. 03.04.2023

01. 1. Heard learned counsel for the Petitioners and the State.

2. The Petitioners have filed this application under Section 438, Cr.P.C. seeking grant of pre-arrest bail in apprehension of their arrest in connection with Mahila P.S. Case No.36 of 2023 corresponding to G.R. Case No.504 of 2023 pending in the court of the learned S.D.J.M., Berhampur.

3. Regard being had to the nature of the allegations which come from matrimonial discord between the parties, it is expected that the investigating agency should resort to the provision of Section 41-A, Cr.P.C, if permissible under the law and within the ambit of the Judgment of the Apex Court in the matter of Arnesh Kumar vs. State of Bihar and another, (2014) 8 SCC 273.

4. With the above observation, the Petitioner is permitted to withdraw this application with liberty to file, if fresh cause of action arises.

5. The ABLAPL stands disposed of accordingly.

( Chittaranjan Dash ) Judge S.K. Parida