Extracted from the PDF above. The PDF is authoritative.
p. 1 IN THE HIGH COURT OF ORISSA AT CUTTACK
ABLAPL No. 14725 of 2024
Kishor Chandra Barik and others …. Petitioners
Mr. J. Panda, Advocate
-Versus-
Kausalya Mahakuda and another …. Opposite Parties
Mr. S. K. Lenka, ASC
CORAM:
MR. JUSTICE R.K. PATTANAIK
Order No.
ORDER 03.02.2026
02. 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 1.C.C. Case No.10 of 2024 pending in the file of J.M.F.C., Daspalla on the grounds stated. 3. Perused the FIR as at Annexure-1. Gone through the chargesheet as at Annexure-2 and in fact, when two of the offences stood deleted, the complaint as per Annexure-3 was filed by the informant and as a result, the learned J.M.F.C., Daspalla took cognizance of the offences under Section 313 and 494 read with 34 IPC. The submission is that in absence of any such material on miscarriage and second marriage by petitioner No.1, the said offence was deleted in the chargesheet but on account of the complaint received, it has led to the passing order of the cognizance dated 5th October, 2024 in p. 2 1.C.C. Case No.10 of 2024 with the issuance of summons to the petitioners to appear. Since one of the offences is triable by Sessions Court, learned counsel for the petitioners submits that the accused persons apprehend their remand upon their appearance on the date fixed. Recorded the objection of the State. Considering the details of the dispute between both the sides and the chargesheet filed followed by the complaint at Annexure-3 and the order of the cognizance i.e. Annexure-4, this Court, in view of the issuance of the summons, is of the view that the petitioners should be directed to surrender before the Court of learned J.M.F.C., Daspalla for being released on bail with conditions. 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 J.M.F.C., Daspalla within a fortnight from today, it is directed that they shall be released on bail in connection with 1.C.C. Case No.10 of 2024 with such other conditions imposed by the court concerned as deemed just and proper and in the facts and circumstances of the case besides the following, such as, they shall not cause any harm to the informant, in any manner, whatsoever, while on bail. 6. Issue urgent certified copy of this order as per rules.
(R.K. Pattanaik) Judge Rojina Designation: Junior Stenographer