Durga Prasad Mishra vs State Of Odisha
2023 Latest Caselaw 2458 Ori

                      IN THE HIGH COURT OF ORISSA AT CUTTACK

                                 ABLAPL No.2696 of 2023

                Durga Prasad Mishra                    ....              Petitioner
                                                       Ms. Sailabala Jena, 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 Puri Town P.S. Case No.165 of 2022 corresponding to G.R. Case No.1133 of 2022 pending in the court of the learned S.D.J.M., Puri.

3. Having regard to the nature of the allegations and the facts and circumstance of the case, it appears that there is matrimonial discord between the husband and wife, and the present Petitioner is the father of the husband. In that view of the matter, it is expected that the investigating agency would 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.

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5. The ABLAPL stands disposed of accordingly.

( Chittaranjan Dash ) Judge

S.K. Parida