Extracted from the PDF above. The PDF is authoritative.
IN THE HIGH COURT OF ORISSA AT CUTTACK
ABLAPL No.5748 of 2025
Gouri Srija Patnaik …. Petitioner
Mr. A.R. Panda, Advocate
-versus-
State of Odisha
…. Opposite Party Mr. S. Panigrahi, ASC
ABLAPL No.6013 of 2025
K. Sahila Jyoti Patnaik …. Petitioners
Mr. A.R Panda, Advocate
-versus-
State of Odisha
…. Opposite Party Mr. S. Panigrahi, ASC
ABLAPL No.6125 of 2025
Hemanta Kumar Pattnaik @ Rama Babu …. Petitioner
Mr. A.R Panda, Advocate
-versus-
State of Odisha
…. Opposite Party Mr. S. Panigrahi, ASC
CORAM: JUSTICE V. NARASINGH
Order No.
ORDER 22.08.2025
03.
1. Since all the matters arise out of Narayanpatna P.S. Case No.45 of 2025, they are heard together and
disposed of by this common order on the consent of the parties.
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.182 of 2025 pending in the Court of learned JMFC, Laxmipur, arising out of Narayanpatna P.S. Case No.45 of 2025 for commission of offence punishable under Sections 85/80/3(5) of BNS, 2023 read with Section 4 of D.P. Act.
4. It is submitted by the learned counsel for the Petitioners that a preliminary charge sheet has been filed in the case at hand under Section 85/80/3(5) and Section 4 of the D.P. Act and the investigation has been kept open and since the allegations are omnibus in nature, they may be protected by pre-arrest bail.
5.
Learned counsel for the State opposes such prayer referring to the statement of the independent witnesses, namely, Raju Mahanandia-C.W.7, K. Ramesh- C.W.8, P. Jenardhan Rao-C.W.9 as well as Mahendra Kiran-C.W.11 and also referring to the post mortem report in which 15 multiple healed scars are found in the body of the deceased. Page 3 of 4
6. Considering the nature of allegations, this Court is not inclined to entertain the ABLAPL for pre-arrest bail in respect of the Petitioners in ABLAPL Nos.6013 of 2025 and 6125 of 2025 (K. Sahila Jyoti Patnaik, Hemanta Kumar Pattnaik @ Rama Babu). However, it is directed that the Petitioners in ABLAPL Nos.6013 of 2025 and 6125 of 2025 (K. Sahila Jyoti Patnaik, Hemanta Kumar Pattnaik @ Rama Babu) may surrender before the learned JMFC, Laxmipur in connection with the aforementioned case within one month from today. In the event of their surrender and motion for bail, the same be considered by the learned JMFC, Laxmipur on merits, in the first hour of the day. In the event of rejection of the prayer for bail by the learned JMFC, Laxmipur, the Petitioners in ABLAPL Nos.6013 of 2025 and 6125 of 2025(K. Sahila Jyoti Patnaik, Hemanta Kumar Pattnaik @ Rama Babu) are at liberty to move the higher forum for bail in the second hour on the same day. 7. On being so moved, the higher forum is requested to make an endeavour to dispose of the bail application of the Petitioners in ABLAPL Nos.6013 of 2025 and 6125 of 2025(K. Sahila Jyoti Patnaik, Hemanta Kumar Pattnaik @ Rama Babu) on the same day on merit in accordance with law. `
The case diary shall be made available to the concerned courts to facilitate disposal of the bail application of the Petitioners in ABLAPL Nos.6013 of 2025 and 6125 of 2025 (K. Sahila Jyoti Patnaik, Hemanta Kumar Pattnaik @ Rama Babu) and learned JMFC, Laxmipur is called upon to transmit the case record to the higher forum at the earliest in the event of rejection of such bail application. Ground of Parity, if any, may be considered by the learned court (s) below. 8.
So far as the Petitioner in ABLAPL No.5748 of 2025(Gouri Srija Patnaik) is concerned, it is directed that on surrendering within three weeks hence and moving for bail, the Petitioner in ABLAPL No.5748 of 2025(Gouri Srija Patnaik) shall be released on bail by the learned Court in seisin on such terms as deemed just and proper. 9. It is needless to state that the Petitioner in ABLAPL No.5748 of 2025(Gouri Srija Patnaik) shall cooperate with the ongoing investigation. 10. Accordingly, the ABLAPLs stand disposed of. (V. NARASINGH)
Judge Soumya