ABLAPL/7776/2026 of BRAHMACHARI PATI Vs STATE OF ODISHA on 20 August 2026

Order

No.

ORDER

20.08.2026

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.350 of 2026 pending on the file of learned J.M.F.C., Satyabadi, arising out of Satyabadi P.S. Case No.0134 of 2026 for commission of offences punishable under Sections 296/80(2)/103(1)/3(5) of the BNS, 2023 and read with section 4 of D.P. Act.

3. It is submitted by the learned counsel for the Petitioner that though initially the FIR was instituted inter alia under section 103(1) of BNS, during course of investigation, the investigating agency treated the FIR as one under section 108 of BNS.

4. It is submitted that the Petitioners being overcome by grief over the death of her daughter, all the in-laws have been implicated in the case at hand and since the investigation has progressed substantially and admittedly the allegations is inter alia under section 108 of BNS as stated, the Petitioners may be protected by pre-arrest bail.

5. Learned counsel for the State opposes the prayer for pre-arrest bail inter alia referring to the statement of the complainant as well one Kasinath Sahu, who is a co-villager.

6. Considering the tenor of the independent witnesses, this Court is not inclined to entertain this application in so far as it relates to Petitioner No.2(Kumudini Sahu @ Kai Sahu). However, it is directed that she may surrender before the learned J.M.F.C., Satyabadi in connection with the aforementioned case within one month from today.

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

8. In the event of rejection of the prayer for bail by the learned J.M.F.C., Satyabadi, the said Petitioner 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 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 and learned J.M.F.C., Satyabadi 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. So far as the prayer for pre-arrest bail of Petitioner Nos.1, 3, 4 & 5 are concerned, taking into account the generality of allegation, it is directed that on 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 subject to verification of antecedents.

12. 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: 21-Aug-2026 19:25:12 Signature Not Verified