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2026 DAILYLAW 13792 (ORI)

SURJYA BAG v. STATE OF ODISHA

ABLAPL/4302/2026 · 2026-05-02

V Narasingh

body2026

Judgment text

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p. 1 IN THE HIGH COURT OF ORISSA AT CUTTACK ABLAPL No. 4302 of 2026 Surjya Bag …. Petitioner Mr. B.S. Dasparida, Advocate -versus- State of Odisha …. Opposite Party Mr. S. Panigrahi, ASC CORAM: JUSTICE V. NARASINGH Order No. ORDER 02.05.2026 01. 1. Heard learned counsel for the Petitioner and learned counsel for the State. 2. The Petitioner is seeking pre-arrest bail in connection with G.R. Case No. 109 of 2026 pending on the file of learned SDJM, Titlagarh, arising out of Titlagarh P.S. Case No.89 of 2026 for commission of offences punishable under Sections 493/ 417/ 313/ 323/ 506/ 34 of IPC. 3. The allegation against the Petitioner is that he along with her son committed offences in respect of her daughter-in-law, which laid to accusation under sections 493/ 417/ 313/ 323/ 506/ 34 of IPC. 4. It is submitted by the learned counsel for the Petitioner that the son of the Petitioner and husband of the victim has since been released on bail by the learned Additional Sessions Judge, Titlagarh by order p. 2 dated 02.04.2026 in BLAPL No.35 of 2026 and while considering his bail application query report furnished by the Doctor has been referred to and is extracted hereunder; “………The report discloses that it was a ‘natural miscarriage’. It has been further noted by the Medical Officer that there is no record present indicating use of abortifacient medicine to induce abortion, which might be taken outside the hospital.” 5. And, referring to the query report, it is submitted that prima facie offences under Section 313 BNS is not made out and in the light of the same, Petitioner may be released on pre-arrest bail. 6. Learned counsel for the State opposes the prayer for pre-arrest bail and also places the statement of the victim for perusal of this Court. 7. On going through the materials on record as above, it is directed that on surrendering within three weeks hence and moving for bail, the Petitioner shall be released on bail by the learned Court in seisin on such terms as deemed just and proper. 8. It is needless to state that the Petitioner shall cooperate with the ongoing investigation. 9. The ABLAPL is accordingly disposed of. (V. NARASINGH) Judge Santoshi