Basudeba Behera vs State Of Odisha
2023 Latest Caselaw 3687 Ori

                        IN THE HIGH COURT OF ORISSA AT CUTTACK
                                   ABLAPL No.3385 of 2023

                  Basudeba Behera                        ....             Petitioner
                                                   Mr. Sidharth Prasad Das, Advocate
                                              -versus-
                 State of Odisha                         ....        Opposite Party
                                                         Mr. Shashanka Patra, A.S.C.

                           CORAM:
                           JUSTICE CHITTARANJAN DASH
                                         ORDER

Order No. 18.04.2023

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

2. The Petitioner has filed this application under Section 438, Cr.P.C. seeking grant of pre-arrest bail in apprehension of his arrest in connection with Golanthara P.S. Case No.165 of 2023 corresponding to G.R. Case No.544 of 2023 pending in the court of the learned J.M.F.C., Rural, Berhampur.

3. Petitioner is the husband of the informant's daughter. Having regard to the nature of the allegations which come from matrimonial discord between the husband and wife, 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 )
S.K. Parida                                                     Judge