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2026 DAILYLAW 247 (ORI)

SAROJ KUMAR SINGH @ SANA v. STATE OF ODISHA

ABLAPL/1190/2026 · 2026-03-05

R K Pattanaik

body2026

Judgment text

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p. 1 IN THE HIGH COURT OF ORISSA AT CUTTACK ABLAPL No. 1190 of 2026 Saroj Kumar Singh @ Sana …. Petitioner Mr. A.N. Samantaray, Advocate -Versus- State of Odisha …. Opposite Party Mr. M.K. Mohanty, ASC CORAM: MR. JUSTICE R.K. PATTANAIK Order No. ORDER 05.03.2026 01. 1. Heard learned counsel for the respective parties. 2. Instant petition under Section 482 BNSS is filed seeking pre-arrest bail of the petitioner in connection with G.R Case No.136 of 2005 pending in the file of learned J.M.F.C (P), Kujang, Jagatsingpur arising out of Kujang P.S. Case No.39 of 2005 on the grounds stated. 3. Perused the FIR as at Annexure-1. A copy of the chargesheet is made available for the Court’s perusal. It is revealed from the chargesheet that the petitioner is shown as an absconder therein allegedly for having committed offences under Section 498-A and 304-B IPC besides Section 4 of the D.P. Act. The submission of learned counsel for the petitioner is that at present, NBWA is pending execution against the petitioner. The further submission is that there has been no such demand of dowry, rather, it was a marriage which was not p. 2 within the knowledge of the victim’s father, namely, informant. A copy of the informant’s statement recorded under Section 161 Cr.P.C. is produced by learned counsel for the petitioner and the same is gone through. Recorded the submission of learned counsel for the State. From the FIR, the Court finds that there is allegation of dowry demand of Rs.60,000/- and ill- treatment of the deceased in the hands of the petitioner. As it appears from the statement of the informant, the death of the deceased has taken place after consuming poison. Initially, a case under Section 302 IPC was registered but the chargesheet is filed under Section 304-A and 304-B IPC since the death of the deceased has taken place within 7 years of her marriage. Considering the above facts and the chargesheet is of the year 2008 and in the meantime, nearly 17 years have gone by and no one else has been chargesheeted except the petitioner, against whom, NBWA is pending execution, this Court is instead inclined to direct him to surrender before the learned court below to go on bail with conditions. 4. Accordingly, it is ordered. 5. In the result, the ABLAPL is disposed of with the direction as aforesaid. In the event, the petitioner surrenders before the court of learned J.M.F.C (P), Kujang, Jagatsingpur, it is directed that he shall be released on bail in connection with G.R Case No.136 of 2005 corresponding to Kujang P.S. Case No.39 of 2005 on furnishing a bail bond of Rs.30,000/-(rupees thirty thousand) with one solvent surety for the like amount p. 3 with such other conditions imposed as deemed just and proper and in the facts and circumstances of the case. 6. Issue urgent certified copy of this order as per rules. (R.K. Pattanaik) Judge Rojina Designation: Junior Stenographer