SAMRAT PANDA AND ORS. Vs. STATE OF ODISHA

JUDGEMENT

(1.) THIS is an application under section 438 Cr.P.C. filed by the petitioners for grant of anticipatory bail in G.R. Case No. 227 of 2014 corresponding to Fategarh P.S. Case No. 154 of 2014 pending in the court of learned J.M.F.C., Khandapara for commission of offences punishable under sections 294/323/324/34 of I.P.C.

(2.) THE case of the prosecution in short is that on 26.6.2014 at about 6.00 P.M., petitioners called the informant to village Danda and took him to the back side of the house. There they abused in obscene language after which the elder brother of informant reached there. It is alleged inter alia that the petitioners also assaulted the informant by lathi. Petitioner No. 1 put a knife on the neck of the informant and petitioner No. 2 bite the back of the informant causing bleeding injury on his person. Hearing his cry, witnesses came to his rescue. Thereafter F.I.R. was lodged, investigation went ahead. Case under aforesaid sections is registered against the petitioners. Petitioners apprehend arrest in view of the F.I.R. lodged against them.

(3.) LEARNED Addl. Standing Counsel for the State submitted that as the offences are bailable in nature, the provisions under section 438 Cr.P.C. do not apply to the case of the petitioners. Therefore, he submitted to reject the prayer for grant of anticipatory bail.