IN THE HIGH COURT OF ORISSA AT CUTTACK ABLAPL No.5645 of 2026 1. Sarada Prasanna Barik. 2. Arati Barik. …. Petitioners Mr. Mahes Das, Advocate -versus- State of Odisha and others …. Opposite Parties Mrs. Suman Pattanayak, AGA CORAM: HON’BLE MR. JUSTICE MURAHARI SRI RAMAN Order No. 01. ORDER 26.05.2026 1. This ABLAPL has been filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 by the petitioners apprehending their arrest consequent to an F.I.R. likely to be instituted against them in Lalbag Police Station, Cuttack or in Gania Police Station, Nayagarh, at the instance of opposite party nos.2 and 3. 2. Learned counsel for the petitioners, on instruction from the petitioners, submits that except the present ABLAPL, no other anticipatory bail application of the petitioners is pending in any other Court relating to the F.I.R. likely to be instituted. 3. The prosecution case, in brief, is that one Kamla Ballabh Barik (opposite party no.2), who is the brother of petitioner no.1 and also a deaf and dumb person, so also his wife, namely, Manorama Samal (opposite party no.3), who is the sister-in-law of petitioner no.1 and also a deaf and dumb person are residing at Bandha Basuli Chhak under Lalbag Police Station. After death of their father and mother in the year 2020 on account of Covid-19, opposite party no.1 became a habitual drug addict and often picked up quarrel with petitioner no.1 and demanded money for getting narcotics. In the year 2022 petitioner no.1 got married to petitioner no.2 and stayed with his wife at Bhubaneswar in the house of his father-in-law. Due to his unwarranted attitude, his wife (opposite party no.3) stayed at Gopinathpur under Gania Police Station in the district of Nayagarh. Thereafter, petitioner no.1 having no way out, admitted opposite party no.2 at Lifeline Foundation for rehabilitation at Bharatpur, Bhubaneswar. But, on the instigation of opposite party no.3, her mother, namely, Malli Samal lodged an F.I.R. at Bharatpur Police Station vide Bharatpur P.S. Case No.764 dated 15.11.2025 for alleged commission of offences punishable under Sections 126(2), 296(b), 351(3) and 3(5) of the Bharatiya Nyaya Sanhita, 2023 (BNS) against one Badal Sahoo of Lifeline Foundation and worker of that Lifeline Foundation along with petitioner no.1 to release opposite party no.2 from the said Rehabilitation Centre. Thereafter, the Investigating Officer issued notice to petitioner no.1 under Section 35(3) of Bharatiya Nagarik Suraksha Sanhita, 2023 and the same was complied with by petitioner no.1. Therefore, the petitioners apprehend that opposite party nos.2 and 3 may lodge F.I.R. against them before the Lalbag Police Station, Cuttack or Gania Police Station, Nayagarh by taking whimsical and baseless ground. Page 3 of 3 4. It is submitted by the learned counsel for the petitioners that although the Police have not formally registered the F.I.R. till date, they during the course of investigation may make attempts to apprehend the present petitioners. In such circumstances, having no other alternative remedy, the petitioners have approached this Court by filing an application for anticipatory bail. 5. Learned Additional Government Advocate appearing for the State on the other hand submits that since no F.I.R. has been registered, this ABLAPL is premature. 6. Be that as it may, having regard to the factual narration as revealed from the petition, it is apt to make an observation that in the event an F.I.R. is registered and the petitioners are arrayed as accused persons, before taking any coercive action against them, the Police shall issue a written notice to the petitioners and shall also comply with the terms of the judgment rendered in the cases of Arnesh Kumar vrs. State of Bihar and another, reported in (2014) 8 SCC 273 and Satender Kumar Antil vrs. CBI, reported in (2021) 10 SCC 773. 7. With the above observation, this ABLAPL stands disposed of. (M.S. Raman) Vacation Judge MRS SAMAL Designation: PERSONAL ASSISTANT Cuttack Signature Not Verified