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2026 DAILYLAW 5231 (ORI)

BAIRAGI SAMANTARAY @ DALABEHERA v. STATE OF ODISHA

ABLAPL/2854/2026 · 2026-03-17

R K Pattanaik

body2026

Judgment text

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IN THE HIGH COURT OF ORISSA AT CUTTACK ABLAPL No.1505 of 2026 Manoranjan Samantaray @ Dalabehera …. Petitioner Mr. A.S. Paul, Advocate -Versus- State of Odisha & another …. Opposite Parties Mr. S.N. Das, ASC And ABLAPL No.2854 of 2026 Bairagi Samantaray @ Dalabehera & others …. Petitioners Mr. A.S. Paul, Advocate -Versus- State of Odisha …. Opposite Party Mr. S.N. Das, ASC CORAM: MR. JUSTICE R.K. PATTANAIK Order No. ORDER 17.03.2026 01. 1. Both the ABLAPLs are disposed of by the following common order. 2. Heard learned counsels for the respective parties. 3. Instant petitions have been filed under Section 482 BNSS by the petitioners seeking pre-arrest bail in connection with Jatni P.S. Case No.08 of 2026 corresponding to G.R. Case No.18 of 2026 pending in the court of learned J.M.F.C., Jatni on the grounds stated. 4. Perused the FIR as at Annexure-1. Gone through the facts alleged therein. Recorded the submission of Mr. Paul, learned counsel for the petitioners. It is submitted to the Court that the accused husband has approached the Family Court at Khurdha seeking restitution of his conjugal rights under Section 9 of the Hindu Marriage Act. In support of the above claim, a copy of the petition in CP No.275 of 2025 filed by the accused husband in the court of learned Family Judge, Khurdha is produced and the same is kept in record. As at present, the informant wife is residing separately with her parents. Considering the nature of allegations in the report and submissions as above and objection of the State, this Court is inclined to direct the parties to go for mediation and in order to make it successful, the petitioners should be directed to go on bail upon their surrender before the learned court below instead of accepting the plea of pre-arrest bail as demanded by them. 5. Accordingly, it is ordered. 6. In the result, the ABLAPLs are disposed of with the direction as aforesaid. It is directed that in the event, the petitioners surrender before the learned J.M.F.C., Jatni in connection with Jatni P.S. Case No.08 of 2026 corresponding to G.R. Case No.18 of 2026 within a fortnight from today, they shall be released on bail upon furnishing bail bonds of Rs.25,000/-(rupees twenty five thousand) each with one solvent surety for the like amount each with other conditions imposed as deemed just and proper in the facts and circumstances of the case. It is further directed that petitioner in ABLAPL No.1505 2026 shall appear before the DLSA, Jatni or DLSA, Khurda for mediation on 30th March, 2026 to receive furthers to be taken up with a notice to opposite party No.2 for the said purpose. It is further directed that the mediation report shall be submitted to the court of learned J.M.F.C., Jatni for further orders. 7. Issue urgent certified copy of this order as per rules. (R.K. Pattanaik) Judge TUDU