Jyotsnarani Naik And Others vs State Of Odisha
2023 Latest Caselaw 11061 Ori

Citation : 2023 Latest Caselaw 11061 Ori
Judgement Date : 11 September, 2023

Orissa High Court

Jyotsnarani Naik And Others vs State Of Odisha on 11 September, 2023

                  IN THE HIGH COURT OF ORISSA AT CUTTACK

                                   ABLAPL No.8166 of 2023

                 Jyotsnarani Naik and others        ....          Petitioners
                                          Mr. Manoranjan Acharya, Advocate

                                               -versus-

                 State of Odisha                          ....            Opp. Party
                                                               Mr. A.P. Das, A.S.C.


                                         CORAM:

                            JUSTICE A.K. MOHAPATRA
                                        ORDER

Order No.                              11.09.2023
    01.     1.      This matter is taken up through Hybrid Arrangement (Virtual
            /Physical Mode).

2. Heard learned counsel appearing for the Petitioners and learned Additional Standing Counsel appearing for the Opposite Party-State.

3. This is an application under Section 438, Cr.P.C. filed by the Petitioners for pre-arrest bail.

4. The Petitioners are seeking pre-arrest bail in connection with Odagaon P.S. Case No.127 of 2023, corresponding to G.R. Case No.230 of 2023, pending in the court of learned J.M.F.C., Odagaon for alleged commission of offences punishable under Sections 498-A, 323, 506 read with Section 34 of the I.P.C. and Section 4 of the Dowry Prohibition Act, 1961.

5. In view of the nature of allegation, this Court is of the considered view that this case is covered by the judgment of the // 2 //

Hon'ble Supreme Court in Arnesh Kumar vrs. State Bihar and another, reported in (2014) 8 SCC 273.

6. Accordingly, the Arresting Officer is directed to follow the mandatory procedure of Section 41-A of Cr.P.C. in the present case.

7. With the aforesaid observation and direction, the ABLAPL is disposed of.

( A.K. Mohapatra) Judge

Debasis

Signature Not Verified Digitally Signed Signed by: DEBASIS AECH Designation: Secretary Reason: Authentication Location: OHC CUTTACK Date: 13-Sep-2023 20:36:46