Santilata Swain & Others vs State Of Odisha
2023 Latest Caselaw 5818 Ori

                                          IN THE HIGH COURT OF ORISSA AT CUTTACK

                                                         ABLAPL No.4350 of 2023

                                        Santilata Swain & Others              ....            Petitioners
                                                                       Mr. Byomakesh Tripathy, Advocate
                                                                   -versus-
                                       State of Odisha                        ....        Opposite Party
                                                                              Mr. Shashanka Patra, A.S.C.


                                                 CORAM:
                                                 JUSTICE CHITTARANJAN DASH
                                                              ORDER

Order No. 11.05.2023

01. 1. The present Petitioners are the in-law family members. They apprehend arrest in connection with the matrimonial dispute between the husband and wife.

2. If that be so and the offences would not be of grave in nature other than the matrimonial discord, the Investigating Agency may 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.

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

4. The ABLAPL stands disposed of accordingly.

                                                                              ( Chittaranjan Dash )
                                                                                     Judge
   SAMIR      Digitally signed by
              SAMIR KUMAR
   KUMAR      PARIDA
              Date: 2023.05.12
   PARIDA     12:49:42 +05'30'
        S.K. Parida