Kiran Kumar Patnaik & Others vs State Of Odisha
2023 Latest Caselaw 4341 Ori

                        IN THE HIGH COURT OF ORISSA AT CUTTACK
                                   ABLAPL No.1932 of 2023

                  Kiran Kumar Patnaik & Others           ....            Petitioners
                                                     Mr. Manoranjan Padhy, Advocate
                                              -versus-
                 State of Odisha                         ....        Opposite Party
                                                         Mr. Debasish Biswal, A.S.C.

                           CORAM:
                           JUSTICE CHITTARANJAN DASH
                                         ORDER

Order No. 25.04.2023

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 Paralakhemundi P.S. Case No.261 of 2022 corresponding to G.R. Case No.613 of 2022 pending in the court of the learned S.D.J.M., Paralakhemundi.

3. Having regard to the nature of the allegations as alleged against the Petitioners, who are the husband and in-law family members of the informant, 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