Extracted from the PDF above. The PDF is authoritative.
p. 1 IN THE HIGH COURT OF ORISSA AT CUTTACK
ABLAPL No. 13889 of 2024
Bishnu Prasad Mohanty …. Petitioner
Mr. M. K. Mohanty (2), Advocate
-Versus-
State of Orissa …. Opposite Parties
Mr. S. K. Brahma, ASC
CORAM:
MR. JUSTICE R.K. PATTANAIK
Order No.
ORDER 08.04.2026
04. 1. Heard learned counsel for the respective parties. 2. Instant petition under Section 482 BNSS is filed seeking pre-arrest bail of the petitioner in connection with C.T. Case No.668 of 2024 pending in the file of learned S.D.J.M, Baripada, Mayurbhanj arising out of Baripada P.S. Case No.399 of 2024 on the grounds stated. 3. Perused the FIR as at Annexure-1. In fact, the complaint in 1.C.C. Case No.114 of 2024 is filed by the informant later registered as Baripada Town P.S. Case No.399 of 2024 dated 30th June, 2024 under Sections 498-A, 304-B, 302 and 306 read with 34 IPC besides Section 4 of the Dowry Prohibition Act. Perused the case diary and statements of the witnesses recorded under Section 161 Cr.P.C. As such, there is no allegation of dowry demand against the petitioner. But for the reason stated and disclosed by the informant, the complaint p. 2 was filed. Along with the case dairy, the post-mortem report of the deceased wife is submitted to the Court and it reveals the injuries to be ante-mortem in nature but the cause of death is due to complication of muscular heart disease which is mentioned as a ‘natural disease process’. The submission of Mr. Mohanty, learned counsel for the petitioner is that the death of the deceased took place after a year from the date of the alleged occurrence and four months after the complaint was filed. Considering the facts pleaded on record and submissions of learned counsel for the respective parties and in absence of the dowry related demand and torture meted out to the victim, who said to have suffered burn injuries and treated, whereas, the cause of death is stated to be natural, this Court, considering the same, is inclined to direct the petitioner to surrender before the learned court below for being released in connection with C.T. Case No.668 of 2024 even though not inclined to entertain the plea of pre-arrest bail as demanded by him. 4. Accordingly, it is ordered. 5. In the result, the ABLAPL is disposed of with the direction as aforesaid.
In the event, the petitioner surrenders before the court of learned S.D.J.M, Baripada, Mayurbhanj within fortnight from today, it is directed that he shall be released on bail in connection with C.T. Case No. 668 of 2024 corresponding to Baripada P.S. Case No.399 of 2024 on furnishing a bail bond of Rs.25,000/-(rupees twenty five thousand) with one solvent surety for the like amount with such p. 3 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