Sanjaya Mallik vs State Of Odisha
2023 Latest Caselaw 5061 Ori

                                           IN THE HIGH COURT OF ORISSA AT CUTTACK
                                                      ABLAPL No.3957 of 2023

                                     Sanjaya Mallik                          ....             Petitioner
                                                                            Mr. Ranjit Mohanty, Advocate
                                                                 -versus-
                                    State of Odisha                          ....        Opposite Party
                                                                               Mr. M.K. Mohanty, A.S.C.

                                              CORAM:
                                              JUSTICE CHITTARANJAN DASH
                                                            ORDER

Order No. 03.05.2023

01. 1. Heard learned counsel for the Petitioner and the State.

2. The Petitioner is the husband of the Informant. He has filed this application under Section 438, Cr.P.C. seeking grant of pre-arrest bail in connection with Patkura P.S. Case No.633 of 2022 corresponding to G.R. Case No.2720 of 2022 pending in the court of the learned S.D.J.M., Kendrapara.

3. Having regard to the nature of the offence which takes from matrimonial discord between the husband and wife, 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 )
SAMIR      Digitally signed by

KUMAR
           SAMIR KUMAR
           PARIDA                                                                   Judge
           Date: 2023.05.04
PARIDA     11:08:48 +05'30'
 S.K. Parida