ABLAPL/3965/2026 of ABHINA @ ABHIRAM NATH Vs STATE OF ODISHA on 2 September 2026

ORDER

02.09.2026

06. 1. Heard learned 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.190 of 2026 pending on the file of learned J.M.F.C., Tirtol, Jagatsinghpur arising out of Tirtol P.S. Case No.174 of 2026.

3. It is submitted by the learned counsel that though the FIR was initially instituted, inter alia, under Section 103 of BNS and after investigation charge sheet has been filed on 18.06.2026 under Sections 85/108/80(2)/351(2) of BNS, 2023 and Section 4 of the Dowry Prohibition Act.

4. It is further submitted by the learned counsel that the husband of the deceased, who was taken into custody has since been released on bail and the present Petitioners are the in-laws inasmuch as the Petitioner Nos.1 and 2 are the father-in-law and mother-in-law respectively and Petitioner No.3 is the sister-in-law.

5. It is the further submission of the learned counsel that taking into account the omnibus nature of allegations and that the Petitioners are the in-laws, they may be protected by pre-arrest bail since charge sheet has already been filed.

And, on instruction, it is also stated that the deceased had a tendency of committing suicide for which she was in fact admitted in hospital but for reasons best known such aspect has been kept out of the domain of the investigation.

6. Learned counsel for the State opposes the prayer for pre-arrest bail referring to the materials on record including the statement of the independent witness, who was a former Sarapanch, namely, Ranjan Kumar Behera cited as CW.9.

7. On considering the rival submissions, this Court is not inclined to entertain the application for pre-arrest bail in respect of Petitioner Nos.1 and 2. However, it is directed that the Petitioner Nos.1 and 2 (Abhina @ Abhiram Nath and Sanjukta Nath respectively) may surrender before the learned J.M.F.C., Tirtol, Jagatsinghpur in connection with the aforementioned case within one month from today.

In the event of their surrender and motion for bail, the same be considered by the learned J.M.F.C., Tirtol, Jagatsinghpur on merits, in the first hour of the day.

In the event of rejection of the prayer for bail by the learned J.M.F.C., Tirtol, Jagatsinghpur, the Petitioner Nos.1 and 2 are at liberty to move the higher forum for bail in the second hour on the same day.

8. On being so moved, the higher forum is requested to make an endeavor to dispose of the bail application of the Petitioner Nos.1 and 2 on the same day.

The case diary shall be made available to the concerned courts to facilitate disposal of the bail application of the Petitioner Nos.1 and 2 and learned J.M.F.C., Tirtol, Jagatsinghpur is called upon to transmit the case record to the higher forum in the second hour expeditiously in the event of rejection of the bail application by him.

Ground of parity, if any, may be considered by the learned court(s) below.

9. So far as the ABLAPL in respect of Petitioner No.3 is concerned, taking into account the generality of the allegations, this Court directs that on surrendering within three weeks hence and moving for bail, the Petitioner No.3 (Madhusmita Nath) shall be released on bail by the learned Court in seisin on such terms as deemed just and proper subject.

10. It is needless to state that the Petitioners shall cooperate with the ongoing investigation.

11. Accordingly, the ABLAPL stands disposed of.

(V. NARASINGH)

Judge

Jina Digitally Signed Signed by: JINA DIGAL Reason: Authentication Location: High Court of Orissa Date: 03-Sep-2026 19:45:26 Signature Not Verified