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2026 DAILYLAW 4877 (ORI)

BINOD KUMAR BEHERA @ BINOD BEHERA v. STATE OF ODISHA

ABLAPL/408/2026 · 2026-01-20

R K Pattanaik

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

p. 1 IN THE HIGH COURT OF ORISSA AT CUTTACK ABLAPL No.408 of 2026 Binod Kumar Behera@Binod Behera …. Petitioner Mr. J. Sahoo, Advocate -Versus- State of Odisha …. Opposite Party Ms. S. Mohanty, ASC CORAM: MR. JUSTICE R.K. PATTANAIK Order No. ORDER 20.01.2026 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 Banpur P.S. Case No.116 of 2021 corresponding to G.R. Case No.114 of 2021 pending in the court of learned J.M.F.C., Banpur on the grounds stated. 3. Perused the F.I.R as at Annexure-1 and the copy of the chargesheet as at Annexure-2. 4. Initially, the case was registered under Section 302 I.P.C vide Banpur P.S. Case No.116 dated 28th March, 2021. The chargesheet has been filed in 2023 itself. The death of the deceased is stated to be on account of committing suicide as made to reveal from Annexure-2. A copy of the P.M. Report is produced by learned counsel for the petitioner in respect of the deceased and upon reading of the same, the Court finds that opinion regarding the cause of death has been reserved. It is p. 2 made to suggest from the FIR, chargesheet and the P.M. Report that the victim consumed some poisonous substance and succumbed to it thereafter. The petitioner was alleged to be in a relationship with the deceased as made to reveal from Annexure-1 and their marriage did not materialize and alleged to have been avoided by him. The report at Annexure-1 reveals that the petitioner avoided his marriage with the deceased with a plea that elders in his family are still unmarried, as it appears in the FIR, whereafter, she committed suicide. The father of the petitioner is on bail by the Court’s order vide ABLAPL No.1208 of 2024, a copy of which is at Flag-B. It is informed to the Court that the mother and sister of the petitioner were arrested and later released on bail. The Court is also informed that NBWA is issued by the learned court below pending execution against the petitioner. In view of the above facts and as the investigation is concluded with a chargesheet filed long back and having regard to the fact that the deceased apparently had a suicidal death consuming poison and it was only after her marriage could not materialize with the petitioner, who said to have avoided it with a plea of elder siblings having not married by the, this Court, recording the objection of the State, is inclined to hold that it is not a case of pre-arrest bail, however, he should be directed to surrender before the learned court below like his father allowed to surrender by the order in ABLAPL No.1208 of 2024 at Flag-B for being released on bail with suitable conditions imposed. 5. Accordingly, it is ordered. 6. In the result, the ABLAPL petition stands disposed of with a direction to the petitioner to surrender before the learned p. 3 J.M.F.C., Banpur within a fortnight from today and in the event, he surrenders in compliance thereof, shall be released on bail in connection with G.R. Case No.114 of 2021 arising out of Banpur P.S. Case No.116 of 2021 upon furnishing a bail bond of Rs.30,000/- (rupees thirty thousand) with one solvent surety for the like amount to the satisfaction of the court below, which shall be at liberty to impose such other conditions as deemed just and proper in the facts and circumstances besides the following condition, such as, he shall not influence the material witnesses connected to this case in any manner whatsoever, while on bail. 7. Issue urgent certified copy of this order as per rules. (R.K. Pattanaik) Judge Balaram Designation: PERSONAL ASSISTANT