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2026 DAILYLAW 6993 (ORI)

MADAN MOHAN PALEI v. STATE OF ODISHA

ABLAPL/4197/2026 · 2026-05-01

Sibo Sankar Mishra

body2026

Judgment text

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p. 1 IN THE HIGH COURT OF ORISSA AT CUTTACK ABLAPL No.4197 of 2026 Madan Mohan Palei and others …. Petitioner(s) Mr. B. Tripathy, Advocate -versus- State of Odisha …. Opposite Party(s) Mr. D. Mohanty, AGA CORAM: JUSTICE SIBO SANKAR MISHRA Order No. ORDER 01.05.2026 01. 1. Heard. 2. This ABLAPL has been filed by the petitioners apprehending arrest consequential to an FIR likely to be instituted against them. 3. Learned counsel for the petitioners, on instruction from the petitioners, submits that, except the present bail application, no other bail application of the petitioners is pending in any other Court relating to the aforesaid F.I.R. 4. The prosecution case, in brief, is that petitioner no.1 got married to one Pratikshya Rani Mohanty and the family initially had a harmonious relationship, treating her with love and affection. Over time, after p. 2 years of marriage however, she began to refuse participating in household responsibilities and spent an excessive amount of time with her own parents. This behavior escalated as she started to suspect her husband of infidelity without any justification, leading to false accusations. Eventually, she demanded a divorce and moved back to her father's house. The situation worsened when she threatened to file false legal cases against her husband and his family members if they attempted to convince her to return to her marital home. The petitioners when complained about such act to her parents, they started scolding and abusing the petitioners. Thereafter, the police raided the house of the petitioners and threatened to arrest the petitioners. Therefore, the petitioners apprehend that at any moment they may be arrested. 5. It is stated that although the police have not formally registered the F.I.R. till date but the police personnel, in the name of investigation, are making attempts to apprehend the present petitioners at odd hours. In such circumstances, having no other p. 3 alternative remedy, the petitioners have approached this Court by filing an application for anticipatory bail. 6. Learned counsel for the State on the other hand submits that since no F.I.R. has been registered, the bail application for anticipatory bail is premature. 7. Be that as it may, in the event an F.I.R. is registered and the petitioners are arrayed as an accused, before taking any coercive action, the police shall issue a written notice to the petitioners before one month and shall also comply the terms of the judgment of Arnesh Kumar vrs. State of Bihar and another reported in (2014) 8 SCC 273 and Satender Kumar Antil vrs. CBI reported in (2021) 10 SCC 773. 8. With this observation, the ABLAPL is disposed of. (S.S. Mishra) Judge Ashok MOHAPATRA