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2025 DAILYLAW 2086 (ORI)

SASHIPRIYA MOHARANA v. STATE OF ODISHA

ABLAPL/13930/2025 · 2026-04-16

R K Pattanaik

body2025

Judgment text

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p. 1 IN THE HIGH COURT OF ORISSA AT CUTTACK ABLAPL No.13930 of 2025 Sashipriya Moharana & another …. Petitioners Mr. N.K. Rath, Advocate -Versus- State of Odisha & another …. Opposite Parties Mr. S. Panda, ASC Ms. A. Mishra, Advocate (Informant) CORAM: MR. JUSTICE R.K. PATTANAIK Order No. ORDER 16.04.2026 03. 1. Heard learned counsel for the respective parties. 2. Instant petition under Section 482 BNSS is filed for pre-arrest bail of the petitioners in connection with Balianta P.S. Case No.527 of 2025 corresponding to G.R. Case No.3140 of 2025 pending in the file of learned J.M.F.C. (O), Bhubaneswar on the grounds stated therein. 3. Perused the FIR as at Annexure-1. Referring to a copy of the suicide note at Annexure-3, it is submitted that the husband of the informant, namely, opposite party No.2 has expired in the meantime. It is submitted by Mr. Rath, learned counsel for the petitioners that there is no allegation against the present accused persons, who are the mother-in-law and brother-in-law of opposite party No.2. It is submitted that the allegation is entirely against the deceased husband, who said to have subjected opposite party No.2 to cruelty. The reason behind the assault and other mischief committed by the late p. 2 husband of the informant is revealed from the FIR. In course of hearing, learned counsel for the petitioners submits that the investigation is concluded and in so far as the offence punishable under Section 109(1) BNS is concerned, it has been deleted. 4. Recorded the objections of Mr. Mishra, learned counsel for the informant and Mr. Panda, learned counsel for the State. 5. This Court finds from the FIR that the relationship between opposite party No.2 and her husband was not cordial. It has been alleged that the deceased husband used to assault opposite party No.2 frequently, but the dispute between them was settled, but her ill-treatment continued. The allegation of ill-treatment made out by opposite party No.2 in the hands of the petitioners is revealed from the FIR. Considering the FIR and the death of the deceased husband and the allegation of ill- treatment towards opposite party No.2 is primarily directed against him, the petitioners being in-laws and since in the meantime there s closure of investigation, this Court though not inclined and in favour of granting pre-arrest bail to them but is of the view that they should be directed to surrender before the learned court below for being released on bail with suitable conditions. 6. Accordingly, it is ordered. 7. In the result, the ABLAPL is disposed of. It is directed that in the event, the petitioners surrender within a fortnight from today before the learned J.M.F.C. (O), Bhubaneswar in connection with Balianta P.S. Case No.527 of 2025 p. 3 corresponding to G.R. Case No.3140 of 2025, they shall be released on bail subject to them on furnishing a bail bond of Rs.30,000/- (Rupees thirty thousand) each with one solvent surety for the like amount each to the satisfaction of the learned court below, which shall be at liberty to impose such other suitable conditions as deemed just and proper 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. 8. Issue urgent certified copy as per rules. (R.K. Pattanaik) Judge Alok