Chhabila Kumar Pradhan & vs State Of Odisha
2023 Latest Caselaw 2488 Ori

                  IN THE HIGH COURT OF ORISSA AT CUTTACK
                                 ABLAPL No.2768 of 2023

                Chhabila Kumar Pradhan &               ....            Petitioners
                Others
                                                        Mr. R.K. Sarangi, Advocate
                                            -versus-
               State of Odisha                         ....        Opposite Party
                                                        Mr. M.K. Mohanty, A.S.C.



                         CORAM:
                         JUSTICE CHITTARANJAN DASH
                                       ORDER

Order No. 28.03.2023

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 Sambalpur Mahila P.S. Case No.17 of 2023 corresponding to G.R. Case No.611 of 2023 pending in the court of the learned S.D.J.M., Sambalpur.

3. Pursuant to the matrimonial discord between the husband and the wife, the present F.I.R. surfaces, besides the allegations as to the offence under Section 498-A, I.P.C. the offence under Section 494, I.P.C. which is also bailable in nature.

4. 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.

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

6. The ABLAPL stands disposed of accordingly.

( Chittaranjan Dash ) Judge

S.K. Parida