Orissa High Court
ABLAPL/421/2025 of PREMLATA MAHANTA Vs STATE OF ODISHA on 31 August 2026
of 3 IN THE HIGH COURT OF ORISSA AT CUTTACK ABLAPL No.421 of 2025 CNR No.ODHC010018722025 1. Premlata Mahanta 2. Kirtan Mahanta 3. Sushil Kumar Mahanta @ Rahul …. Petitioners Mr.Sarada Prasad Dash, Advocate -versus- State of Odisha …. Opposite Party Mr.C.R.Swain, AGA CORAM: JUSTICE
IN THE HIGH COURT OF ORISSA AT CUTTACK
ABLAPL No.421 of 2025
CNR No.ODHC010018722025
1. Premlata Mahanta
2. Kirtan Mahanta
3. Sushil Kumar
Mahanta @ Rahul
….
Petitioners
Mr.Sarada Prasad Dash, Advocate
-versus-
State of Odisha
….
Opposite Party
Mr.C.R.Swain, AGA
CORAM: JUSTICE V. NARASINGH
Order No.
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ORDER
31.08.2026
02. 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.764 of 2024, arising out Patna P.S. Case No.188 of 2024 pending on the file of learned S.D.J.M., Keonjhar for commission of offences punishable under Sections 498-A/306/34 of the IPC read with section 4 of Dowry Prohibition Act
3. Counsel for the Petitioner submits that Petitioner Nos.1 & 2 are the in-laws of the deceased and Petitioner No.3 is her husband and all of them have been implicated in the case because of their relationship with the deceased. It is further submitted that in the meanwhile, the charge-sheet, in the case, has been submitted on 31.03.2025 and this Court, by order dated 05.02.2025 passed in ABLAPL No.1261 of 2025, had directed release of two other co-accused persons on pre-arrest bail. Hence, these Petitioners may be protected by pre-arrest bail.
4. Learned counsel for the State opposes the prayer for pre-arrest bail. So far as the parity, as claimed, it is submitted that ex facie the Petitioners, who were enlarged on bail, are not on similar footing, inasmuch as they are the brother-in-law & sister-in- law of the deceased.
5. Taking into account the nature of allegation & the fact that the charge-sheet, in the case, has been submitted inter alia under section 306 of the IPC read with section 4 of D.P. Act and the role ascribed to the in-laws, it is directed that Petitioner Nos.1 & 2, on their surrendering within three weeks hence and moving for bail, they shall be released on bail by the learned Court in seisin on such terms as deemed just and proper.
6. So far as the prayer of Petitioner No.3 for his pre- arrest bail is concerned, it is directed that he may surrender before the learned S.D.J.M., Keonjhar in connection with the aforementioned case within one month from today.
7. In the event of his surrender and motion for bail, the same be considered by the learned S.D.J.M., Keonjhar on merits, in the first hour of the day.
8. In the event of rejection of the prayer for bail by the learned S.D.J.M., Keonjhar, the Petitioner No.3 is at liberty to move the higher forum for bail in the second hour on the same day.
9. On being so moved, the higher forum is requested to make an endeavor to dispose of the bail application of the Petitioner No.3 on the same day.
10. The case diary be made available to the concerned courts to facilitate disposal of the bail application of the Petitioner No.3 and learned S.D.J.M., Keonjhar is called upon to transmit the case record to the higher forum at the earliest in the event of rejection of such bail application.
11. The ABLAPL is accordingly disposed of.
Issue urgent certified copy as per rules.
(V. NARASINGH)
Judge Basu Digitally Signed Signed by: BASUDEV NAYAK Designation: ADDL. DY. REGISTRAR-CUM-ADDL. PRINCIPAL SECY Reason: Authentication Location: HIGH COURT OF ORISSA : CUTTACK Date: 02-Sep-2026 18:05:55 Signature Not Verified