p. 1 IN THE HIGH COURT OF ORISSA AT CUTTACK ABLAPL No.809 of 2026 Dr. Bibhu Prasad Nayak …. Petitioner Mr. S. Dash, Advocate -Versus- State of Odisha …. Opposite Party Mr. S.K. Lenka, ASC CORAM: MR. JUSTICE R.K. PATTANAIK Order No. ORDER 06.02.2026 01. 1. Heard learned counsel for the petitioner and State. 2. Instant petition has been filed under Section 482 BNSS by the petitioner seeking pre-arrest bail in connection with Harichandanpur P.S. Case No.130 of 2025 corresponding to G.R. Case No.709 of 2025 pending in the court of learned J.M.F.C. (Cog. Taking), Keonjhar on the grounds stated. 3. Perused the FIR as at Annexure-1 and copy of the statement of a witness as at Annexure-2. It is submitted to the Court by learned counsel for the petitioner that the deceased wife had death by hanging after having committed suicide and refers to a copy of the PM report as at Annexure-2. Referring to the statement of the witness, namely, Prasanta Kumar Padhi recorded under Section 180 BNSS, it is further submitted that p. 2 there was disturbance in the marital life of the parties as the petitioner, a doctor by profession used to have frequent quarrels with the deceased wife. Originally, a case under Section 103(1) BNS was registered, however, with the PM report and cause of death ascertained, it has turned to an offence under Section 108 BNS, cognizance of which, has been taken by the learned J.M.F.C. (CT), Keonjhar by order dated 24th October, 2025, a copy of which is also produced at the time of hearing. The in- laws of the deceased had earlier approached this Court before closure of investigation and disposed of by orders as at Flags- B, C & D. Considering the nature of allegations revealed from the FIR and death being suicidal and statement of a witness above named and the fact that the deceased wife committed suicide after having a disturbed relationship with the petitioner, this Court is inclined to direct the petitioner to surrender before the learned court below for being released on bail with conditions instead of pre-arrest bail as demanded by him. 4. Accordingly, it is ordered. 5. In the result, the ABLAPL is disposed of with the direction as aforesaid. It is further directed that in the event, the petitioner surrenders before the learned J.M.F.C. (Cog. Taking), Keonjhar bail in connection with Harichandanpur P.S. Case No.130 of 2025 corresponding to G.R. Case No.709 of 2025 within a fortnight from today, he shall be released on bail on furnishing a bail bond of Rs.25,000/-(rupees twenty five thousand) with one solvent surety for the like amount with such p. 3 other conditions imposed besides the following, such as, he shall not influence any of the material witnesses corrected to the case, in any manner, whatsoever, while on bail. 6. Issue urgent certified copy of this order as per rules. (R.K. Pattanaik) Judge TUDU