Binod Hati; vs State Of Odisha ..... Opposite Party
2024 Latest Caselaw 16773 Ori

Orissa High Court

Binod Hati; vs State Of Odisha ..... Opposite Party on 18 November, 2024

Author: Aditya Kumar Mohapatra

Bench: Aditya Kumar Mohapatra

                  IN THE HIGH COURT OF ORISSA AT CUTTACK
                              ABLAPL No.12735 of 2024
            1. Binod Hati;                 .....               Petitioners
            2. Kuntala Hati;
            3. Bachan Hati;
            4. Jyotrimayee Behera; and
            5. Mithun Hati
                                                    Represented By Adv.
                                                    - Mr. B.Tripathy

                                         -versus-
            State Of Odisha                    .....            Opposite Party
                                                         Represented By Adv.
                                                         -Mr. S.K. Parhi, ASC

                                CORAM:
                  THE HON'BLE MR. JUSTICE ADITYA KUMAR
                              MOHAPATRA

                                           ORDER

Order No.                                 18.11.2024



    1.       1.    This matter is taken up through Hybrid Arrangement
             (Virtual/Physical Mode).

2. Heard learned counsel for both the parties and perused the records.

3. It is stated by the learned counsel for the petitioners that the petitioner No.5, who happens to be the husband of the proposed informant (Sarmila Behera) and the other petitioners are his family members, apprehend their arrest in connection with the case which is likely to be registered at the instance of said Sarmila Behera as the informant. Learned counsel for the petitioners further submitted that

that although no case has been registered as yet, the same is likely to be registered very soon and there is every likelihood that the petitioners may be arrested by the local police.

4. Taking into consideration the above fact, this Court is of the view that since no FIR has been registered as of now, there is no apprehension of arrest of the petitioners. However, considering the submissions made by the learned counsel for the petitioners, the Arresting Officer is directed to first explore the possibility of applying the provision of section 35 (3)(4)(5) of B.N.S.S keeping in view the judgment of the Hon'ble Supreme Court in the case of Arnesh Kumar

-V- State of Bihar; (2014) 8 SCC 273 in the event it is found that the case of the petitioners, which is likely to be registered at the instance of said Sarmila Behera, falls within the parameters laid down of section 35 (3)(4)(5) of the BNSS.

5. With the aforesaid observation, the bail application stands disposed of.

6. With the aforesaid observation, the bail application stands disposed of.

7. Issue urgent certified copy of the order as per Rules.

( A.K Mohapatra ) Judge

Basu

Designation: ASST. REGISTRAR-CUM-SR. SECRETARY

Location: HIGH COURT OF ORISSA : CUTTACK Date: 20-Nov-2024 14:50:46