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2026 DAILYLAW 10271 (ORI)

BINITA JENA v. STATE OF ODISHA

ABLAPL/1581/2026 · 2026-03-19

R K Pattanaik

body2026

Judgment text

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p. 1 IN THE HIGH COURT OF ORISSA AT CUTTACK ABLAPL No.1581 of 2026 Binita Jena …. Petitioner Mr. S. Sastry, Advocate -Versus- State of Odisha …. Opposite Party Mr. M.K. Mohanty, ASC CORAM: MR. JUSTICE R.K. PATTANAIK Order No. ORDER 19.03.2026 01. 1. Heard learned counsel for the respective parties. 2. Instant petition has been filed under Section 482 BNSS by the petitioner seeking pre-arrest bail in connection with GRP Titlagarh P.S. Case No.39 of 2025 corresponding to G.R. Case No.207 of 2025 pending in the court of learned S.D.J.M. Titlagarh on the grounds stated. 3. Perused the FIR as at Annexure-1. Mr. Sastry, learned counsel for the petitioner submits that there is no allegation against the present accused so to say with regard to the alleged incident which is entirely against her accused husband, who is on bail pursuant to the Court’s order in ABLAPL No.6198 of 2025. Learned counsel for the State produced the statement of the informant recorded under Section 183 BNSS and the same is gone through. Three other accused persons are on bail as made to reveals from the record. On a reading of the FIR i.e. p. 2 Annexure-1, the Court finds that the alleged mischief was committed by the husband of the petitioner, hence, report was lodged by the informant. Considering the facts pleaded on record and submissions of learned counsel for the respective parties and release of the co-accused persons in the meantime and absence of any such serious allegation against the petitioner, who apprehends arrest in the hands of the local police, this Court, though not inclined to grant of pre-arrest bail to her but is of the view that she should be directed to surrender before the learned court below for being released with suitable conditions imposed. 4. Accordingly, it is ordered. 5. In the result, the ABLAPL is disposed of with the direction as aforesaid. It is directed that in the event, the petitioner surrenders before the learned S.D.J.M. Titlagarh in connection with GRP Titlagarh P.S. Case No.39 of 2025 corresponding to G.R. Case No.207 of 2025 within a fortnight from today, she shall be released on bail upon furnishing a bail bond of Rs.20,000/-(rupees twenty thousand) with one solvent surety for the like amount with such other conditions imposed as deemed proper in the facts and circumstances of the case. 6. Issue urgent certified copy of this order as per rules. (R.K. Pattanaik) Judge TUDU Designation: Sr. Stenographer