Om Bramhabid Mishra vs State Of Odisha
2023 Latest Caselaw 2459 Ori

                        IN THE HIGH COURT OF ORISSA AT CUTTACK
                                   ABLAPL No.2695 of 2023

                  Om Bramhabid 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. 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.

5. The ABLAPL stands disposed of accordingly.

( Chittaranjan Dash ) Judge S.K. Parida