Asit Kumar Bhuyan vs State Of Odisha
2023 Latest Caselaw 2438 Ori

                  IN THE HIGH COURT OF ORISSA AT CUTTACK
                                 ABLAPL No.2699 of 2023

               Asit Kumar Bhuyan                      ....             Petitioner
                                                       Mr. B.P. Pradhan, Advocate
                                           -versus-
               State of Odisha                        ....        Opposite Party
                                                        Mr. M.K. Mohanty, A.S.C.

                         CORAM:
                         JUSTICE CHITTARANJAN DASH
                                       ORDER

Order No. 27.03.2023

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 Salepur P.S. Case No.52 of 2023 corresponding to G.R. Case No.154 of 2023 pending in the court of the learned J.M.F.C., Salipur.

3. As it appears from the description in the F.I.R. the incident is one out of a matrimonial discord between the the husband and wife, and the offence alleged under Section 307, I.P.C. is on the basis of the fact that about two months prior to filing of the F.I.R., an attempt was made by the husband-petitioner to strangulate the informant- wife. But there appears no material that the informant-wife took treatment in any hospital and nothing also appears from the F.I.R. as to what prevented her not to bring it to the notice of the police immediately or within a reasonable period of such attempt. Therefore, apparently the offence under Section 307, I.P.C. loses its relevance.

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4. In that view of the matter, 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.

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

6. The ABLAPL stands disposed of accordingly.

( Chittaranjan Dash ) Judge

S.K. Parida