Extracted from the PDF above. The PDF is authoritative.
p. 1 IN THE HIGH COURT OF ORISSA AT CUTTACK
ABLAPL No.2668 of 2026
Kanhu Charan Patra …. Petitioner(s)
Mr. Debasnan Das, Advocate -versus- State of Odisha …. Opposite Party(s)
Ms. Suvalaxmi Devi, ASC
CORAM: JUSTICE SIBO SANKAR MISHRA
Order No.
ORDER 22.04.2026
01.
1. Heard.
2. The petitioner is seeking pre-arrest bail in connection with Bhanjanagar P.S. Case No.234 of 2025 corresponding to G.R. Case No.427 of 2025 registered on the allegation of the commission of offences under Sections 85/324(4)/76/351(2)/123/109/3(5) of B.N.S., 2023 read with Section 4 of the D.P. Act and Section 67/66(E) of the I.T. Act pending in the Court of the learned S.D.J.M., Bhanjanagar.
3.
Learned counsel for the petitioner, on instruction from the petitioner, submits that, except the present bail application, no other bail application of the petitioner is pending in any other Court relating to the aforesaid F.I.R.
4. The prosecution case, in brief, is that the informant entered into matrimony with the present petitioner on 21.05.2023 in accordance with Hindu p. 2 rites and customs, and at the time of marriage, her family allegedly paid a sum of Rs.50,000/- along with other articles as demanded by the matrimonial family. It is alleged that thereafter, the petitioner and his mother subjected the informant to mental and physical cruelty on account of further dowry demands. It is further stated that on 13.09.2024, the petitioner abused the informant in filthy language and circulated obscene photographs of her. It is also alleged that on 18.11.2024, the mother-in-law administered contaminated food to the informant, causing her illness and necessitating hospitalization. Accordingly, the present case has been lodged.
5. The petitioner along with his mother and father had earlier approached this court by filing ABLAPL No.3009 of 2025. The coordinate Bench of this Court vide
order dated 24.03.2025 although granted anticipatory bail to the parents of the petitioner, however rejected the application of the present petitioner. Subsequently, another anticipatory bail application was moved by the petitioner being ABLAPL No.6525 of 2025, which was also rejected vide order dated 18.06.2026.
6.
Learned counsel for the petitioner has placed on record the certified copy application in MAT Case No.12 of 2026 moved by the petitioner and the complainant under Section 13(B) of the Hindu Marriage Act, 1955 for dissolution of their marriage by mutual consent. He p. 3 has brought to the notice of the Court the paragraph- 11 of the said application, which reads as under:-
“11. That the petitioner no.1 agreed to withdraw the case against the petitioner no.2 and his family members vide GR- 427/2025 which is subjudice before the learned SDJM, Bhanjanagar.”
7.
Learned counsel for the petitioner further submits that, in view of the settlement arrived at between the petitioner and his wife, and in light of the application already filed before the learned Civil Judge (Senior Division), Bhanjanagar, Ganjam, the bail application of the petitioner may be favourably considered.
8. Regard being had to the submissions advanced by
learned counsel for the petitioner and considering the fact that the petitioner and the informant have filed an application for dissolution of their marriage by mutual consent, and that the informant has agreed to withdraw the cases against the petitioner, I am inclined to admit the petitioner on anticipatory bail. Accordingly, it is directed that in the event the petitioner is arrested, he shall be released by the Arresting Officer, subject to the verification of the criminal antecedent of similar nature. The release of the petitioner shall also be subject to the conditions that he shall cooperate with the investigation and shall appear before the I.O. as and when his presence is required for the purpose of investigation; he shall appear before the trial Court on each and every date of posting of the case, if p. 4 not presented by sufficient cause. Violation of any of the conditions shall entail cancellation of bail.
9. With this observation, the ABLAPL is disposed of.
(S.S. Mishra)
Judge
Swarna