SANJAYA NARAYAN SAHOO Vs. STATE OF ODISHA

JUDGEMENT

(1.) The petitioner Sanjaya Narayan Sahoo has filed this application under section 438 of Cr.P.C. seeking pre-arrest bail in connection with C.T. Case No.2702 of 2016 pending in the Court of learned S.D.J.M., Bhubaneswar which arises out of Kharavela Nagar P.S. Case No.188 of 2016 for offences punishable under sections 294, 323, 354, 420, 427, 468, 471 of the Indian Penal Code.

(2.) One Pravati Swain, wife of Ashok Kumar Gupta filed a complaint petition in the Court of learned S.D.J.M., Bhubaneswar on 13.5.2016 against her husband and the petitioner who is an advocate of Bhubaneswar Bar. The said complaint petition was sent by the learned S.D.J.M., Bhubaneswar under section 156(3) of Cr.P.C. to the Inspector in charge, Kharavela Nagar police station for registration of the case and investigation and accordingly on 106.2016 Kharavela Nagar P.S. Case No.188 of 2016 was registered.

(3.) Mr. Devashis Panda, learned counsel appearing for the petitioner contended that the victim is an educated lady and she is working as Asst. Manager in Andhra Bank at Power House Branch, Bhubaneswar and she has deliberately suppressed her status in the complaint petition as well as in the original mutual divorce proceeding. It is contended that the victim married Ashok Kumar Gupta on 08.08.2013 before the Sub-Registrar, Bhubaneswar but after marriage, dispute arose between the parties. When the victim came to know about the marital status of her husband, she lodged an F.I.R. against her husband and other in-laws' family members and accordingly, Bhubaneswar Mahila P.S. Case No.347 of 2015 was registered under sections 498-A/417/342/494/506/34 of the Indian Penal Code read with section 4 of the Dowry Prohibition Act. It is further contended that after lodging of the F.I.R. by the victim, the matter was amicably settled between the parties and as per their own decision, a divorce proceeding was filed. It is further contended that as per the agreement between the parties, a sum of rupees nine lakh fifty thosand was transferred from the account of the husband of the victim to the account of Panchu Swain who is the father of the victim on 11.01.2016 on the date of filing of the divorce petition. Subsequently on 19.02016 the husband of the victim issued four cheques in favour of the victim, total amounting to rupees seven lakh which was also encashed by the victim. It is contended that the victim and her husband executed a mutual divorce deed before the D.S.R., Bhubaneswar on 19.02016 and in the said deed of divorce, there was no mention about the quantum of permanent alimony. It is contended that the petitioner has never executed any document with regard to the quantum of permanent alimony and the victim never produced any original document with regard to permanent alimony as alleged before the Court or before the Investigating Officer and therefore, the conduct of the victim is suspicious. It is further contended that after filing of the complaint petition/F.I.R., the victim filed a petition before the learned Judge, Family Court, Bhubaneswar for declaration of the registered divorce deed dated 19.02016 as fraudulent and void with a further prayer for permanently restraining her husband in using the divorce deed for any purpose and also for recovery of Rs.18, 50, 000/- (rupees eighteen lakh fifty thousand) only from her husband and the said proceeding was registered as C.P. No.330 of 2016 which was ultimately dismissed on 16.01.2017. It is further contended that after changing the counsel, the victim has instituted a false case against the petitioner to harass him on the accusation of preparation of forged document and cheating. It is further contended that if any outstanding dues was there towards permanent alimony, the victim could have instituted appropriate proceeding for recovery of such amount from her husband and the petitioner has been unnecessarily dragged into the dispute between the victim and her husband. It is further contended that there is no chance of absconding or tampering with the evidence and since the petitioner is an advocate of Bhubaneswar Bar, unless he is released on anticipatory bail, he will face unnecessary humiliation in the society. The petitioner filed an additional affidavit annexing certain relevant documents.