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2024 DAILYLAW 302 (ORI)

SARBESWAR MOHAPATRA @ JATIA v. STATE OF ODISHA

ABLAPL/4712/2024 · 2026-01-08

V Narasingh

body2024

Judgment text

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p. 1 IN THE HIGH COURT OF ORISSA AT CUTTACK ABLAPL No. 4712 of 2024 1. Sarbeswar Mohapatra @ Jatia 2. Satyabhama Mohapatra @ Ambuja …. Petitioners Mr. A.K. Mishra 3, Advocate -versus- State of Odisha …. Opposite Party Mr. C. Mohanty, ASC CORAM: JUSTICE V. NARASINGH Order No. ORDER 08.01.2026 03. 1. Learned counsel for the Petitioners files a memo along with the corrected cause title. The same is taken on record. 2. Heard learned counsel for the Petitioners and learned counsel for the State. 3. The Petitioners are seeking pre-arrest bail in connection with G.R. Case No.322 of 2024 pending in the Court of learned JMFC (Cog.), Khurda arising out of Bolagarh P.S. Case No.101 of 2024 for commission of offence punishable under Sections 498(A)/304(B)/302/34 of IPC and Section 4 of DP Act. 4. It is submitted by the learned counsel for the Petitioners that the Petitioners are the brother-in-law and sister-in-law of the deceased and they have been arrayed as accused because of their relationship with p. 2 the husband of the deceased. Hence, it is submitted that they may be protected by pre-arrest bail. 5. It is submitted by the learned counsel, on instruction, that the Petitioners reside in different village. 6. It is also brought to the notice of this Court that the other in-laws have been released on bail and that the husband of the deceased has been released on bail by this Court by order dated 12.09.2025 in BLAPL No.5168 of 2025. Hence, the Petitioners seek release. 7. Learned counsel for the State opposes the prayer for pre-arrest bail since charge sheet has been filed arraying the Petitioners to have acted in furtherance of their common intention. 8. Considering the nature of allegations qua the Petitioners and release of the accused on pre-arrest bail who have greater complicity, this Court directs that on surrendering within three weeks hence and moving for bail, the Petitioners shall be released on bail by the learned Court in seisin on such terms as deemed just and proper. 9. Accordingly, the ABLAPL stands disposed of. U.C.C. as per rules. (V. NARASINGH) Judge Ayesha