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2026 DAILYLAW 5795 (ORI)

KANAK @ KANAKLATA BEHERA v. STATE OF ODISHA

ABLAPL/1684/2026 · 2026-03-24

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. 1684 of 2026 Kanak @ Kanaklata Behera & others …. Petitioners Mr. P.K. Barik, Advocate -Versus- State of Odisha …. Opposite Party Mr. P.K. Mohanty, ASC CORAM: MR. JUSTICE R.K. PATTANAIK Order No. ORDER 24.03.2026 01. 1. Heard learned counsel for the respective parties. 2. Instant petition under Section 482 BNSS is filed seeking pre-arrest bail of the petitioners in connection with G.R. Case No.999 of 2025 pending in the file of learned S.D.J.M., Bhadrak corresponding to Tihidi P.S. Case No.166 of 2025 on the grounds stated. 3. Perused the F.I.R. as at Annexure-1. In course of hearing, it is informed to the Court by learned counsel for the State that petitioner No.3 was issued with a notice under Section 35(3) BNSS hence, he has no apprehension of arrest in connection with the case. It is submitted to the Court by learned counsel for the petitioners that the allegation is against all. According to the F.I.R., there has been demand of dowry and ill-treatment meted out to the informant, who is the wife of petitioner No.4. The details of the allegations are revealed from p. 2 the F.I.R. Considering the nature of allegations in the report, the Court is of the view that a similar notice is required to be issued to petitioner No.4, who happens to be the husband of the informant with a interim protection in his favour for a specified period. But as regards, petitioner Nos. 1 & 2, the Court is of the view that both should be directed to surrender before the learned court below for being released on bail instead of considering their plea for pre-arrest bail in view of the allegations levelled found to be omnibus in nature. 4. Accordingly, it is ordered. 5. In the result, the ABLAPL is disposed of with the direction as aforesaid. In the event, petitioner Nos. 1 & 2 surrender before learned S.D.J.M., Bhadrak within a fortnight from today, they shall be released on bail in connection with G.R. Case No.999 of 2025 corresponding to Tihidi P.S. Case No.166 of 2025 on furnishing a bail bond of Rs.30,000/-(rupees thirty thousand) each with one solvent surety for the like amount each with other conditions imposed and for petitioner No.4, notice shall be issued to him under Section 35(3) BNSS and he not to be arrested at least for a period of three weeks from the date of service of such notice to enable him to respond. 6. Issue urgent certified copy of this order as per rules. (R.K. Pattanaik) Judge kabita