Orissa High Court
ABLAPL/9596/2026 of MINATI SWAIN @ MINA SWAIN Vs STATE OF ODISHA on 2 September 2026
of 3 IN THE HIGH COURT OF ORISSA AT CUTTACK ABLAPL No. 9596 of 2026 CNR No. ODHC010608882026 1. Minati Swain @ Mina Swain 2. Rashmita Swain @ Barsha Swain …. Petitioners Mr. S. Mohapatra,Sr. Advocate Mr. P. Mohapatra, Advocate -versus- State of Odisha …. Opposite Party Mr. S.
IN THE HIGH COURT OF ORISSA AT CUTTACK
ABLAPL No. 9596 of 2026
CNR No. ODHC010608882026
1. Minati Swain @
Mina Swain
2. Rashmita Swain @
Barsha Swain
….
Petitioners
Mr. S. Mohapatra,Sr. Advocate
Mr. P. Mohapatra, Advocate
-versus-
State of Odisha
….
Opposite Party
Mr. S. Panigrahi, ASC
CORAM: JUSTICE V. NARASINGH
Order No.
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ORDER
02.09.2026
02. 1. Heard learned senior counsel for the Petitioners and learned counsel for the State.
2. The Petitioners are seeking pre-arrest bail in connection with G.R. Case No.980 of 2026 pending on the file of learned J.M.F.C.(Rural), Cuttack arising out of Cuttack Sadar P.S. Case No.444 of 2026 for commission of offences punishable under Sections 85/ 80 /103 (1)/ 3(5) of BNS, 2023 r/w section 4 of Dowry Prohibition Act.
3. It is submitted by the learned senior counsel that the Petitioner No.1 is the mother-in-law and the Petitioner No.2 is the unmarried sister-in-law and it is stated by the learned senior counsel that being overcome by grief over the death of her daughter, the F.I.R was instituted and the same was initially lodged under Section 103(1) of BNS.
4. It is further stated by the learned senior counsel that in essence, the allegations even if accepted at its face value, would at best, under Section 108(1) of BNS. Hence, considering the nature allegations, the Petitioners may be protected by pre- arrest bail.
5. Learned counsel for the State opposes such prayer and submits that role ascribed to the present Petitioners needs to be probed. Hence, releasing them on pre-arrest bail would derail the ongoing investigation.
6. It is also brought to the notice of this Court that the husband of the deceased is also in custody.
7. This Court also perused the materials on record including the post mortem report which records the cause of death as under:
”Death of the deceased is due to combined effect of asphyxia and venous congestion as a result of hanging”
8. There are also materials on record to indicate that, on the date of the unfortunate incident, the door of the place of occurrence was locked from inside and it is also borne out from the Case Diary that the proximate cause of the unfortunate incident was the quarrel between the spouses.
8. Considering the rival submissions, it is directed that on surrendering within three weeks hence and moving for bail, the Petitioners shall be released on bail by the learned Court in seisin on such terms as deemed just and proper.
9. It is further stated that the Petitioners shall cooperate with the ongoing investigation.
10. Accordingly, the ABLAPL stands disposed of. U.C.C. as per rules.
(V. NARASINGH)
Judge
Soumya
Digitally Signed Signed by: SOUMYA RANJAN SAMAL Reason: Authentication Location: High Court of Orissa Date: 03-Sep-2026 20:10:26 Signature Not Verified