(1.) This application under Sec. 439 of Cr.P.C. has been filed in connection with Rambha P.S. Case No. 202 of 2023 corresponding to G.R. Case No. 500 of 2023 pending in the court of learned J.M.F.C., Khallikote under Ss. 341, 294, 323, 506 and 34 of IPC.
(2.) The prosecution allegations in brief against the petitioner are that on 17/3/2023 at about 9.00 A.M. the informant working in the field of Bira Dhaba when he returned after drinking water, he found his spade missing. He asked the accused persons about the spade for which they got annoyed, abused him in obscene language and also assaulted him by means of a spade. The owner of Bira Dhaba tried to pacify them. After the informant went to his house, the accused persons followed him and abused him in obscene language and threatened to kill him and abused his wife in obscene language.
(3.) Mr. B.S. Das, learned counsel for the petitioners has filed affidavit of Smt. M. Mahalaxmi Patra, W/o- M. Laxman Patra and Smt. B. Sabitri Patra, W/o-B. Bhaskar Patra. In case of B. Bhaskar Patra, his wife, Smt. B. Sabitri Patra has stated that he has 4 criminal antecedents and he has been released on bail in all the 4 cases. In case of M. Laxman Patra, his wife, Smt. M. Mahalaxmi Patra has stated that he is accused in 6 other cases and has been released on bail in all the 6 cases.