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1962 DAILYLAW 152 (ORI)

SUBASH CHANDRA BEHERA v. STATE OF ODISHA

ABLAPL/1962/2026 · 2026-04-08

R K Pattanaik

body1962

Judgment text

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IN THE HIGH COURT OF ORISSA AT CUTTACK ABLAPL No. 1962 of 2026 Subash Chandra Behera and another …. Petitioners Mr. J. Sahoo, Advocate -Versus- State of Odisha …. Opposite Party Mr. S. Panda, ASC CORAM: MR. JUSTICE R.K. PATTANAIK Order No. ORDER 08.04.2026 01. 1. Heard learned counsel for the respective parties. 2. Instant petition under Section 482 BNSS is filed seeking pre-arrest bail of the petitioners in connection with G.R. Case No.11 of 2026 pending in the file of learned Additional Sessions Judge-cum-Special Judge under POCSO Act, Berhampur arising out of Hinjili P.S Case No.51 of 2026 on the grounds stated. 3. Perused the FIR as at Annexure-1. It is informed to the Court that the sexual mischief is committed by the principal accused, namely, son of the petitioners, who are, however, alleged of having committed excess while being confronted about the same by the victim’s family. The petitioners said to have abused the informant after the alleged mischief committed by their son. In so far as, the other allegations are concerned, it is entirely directed against the accused son. Considering the above facts and submissions of learned counsel for the respective parties, this Court is inclined to direct the petitioners to surrender before the learned court below for being released with conditions though not inclined to consider their plea for pre-arrest bail as is demanded. 4. Accordingly, it is ordered. 5. In the result, the ABLAPL is disposed of with the direction as aforesaid. In the event, the petitioners surrender before the court of learned Additional Sessions Judge-cum- Special Judge under POCSO Act, Berhampur within fortnight from today, it is directed that they shall be released on bail in connection with G.R. Case No.11 of 2026 corresponding to Hinjili P.S Case No.51 of 2026 on furnishing a bail bond of Rs.20,000/-(rupees twenty thousand) each with one solvent surety for the like amount each with such other conditions imposed as deemed just and proper and in the facts and circumstances of the case. 6. Issue urgent certified copy of this order as per rules. (R.K. Pattanaik) Judge Rojina Designation: Junior Stenographer