Research › Search › Judgment

High Court of Orissa · body

2026 DAILYLAW 8930 (ORI)

MANASHILATA BEHERA v. STATE OF ODISHA

ABLAPL/2356/2026 · 2026-04-22

R K Pattanaik

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

IN THE HIGH COURT OF ORISSA AT CUTTACK ABLAPL No.2356 of 2026 Manashilata Behera …. Petitioner Mr. D. P. Dhal, Sr. Advocate -Versus- State of Odisha …. Opposite Party Mrs. S. Mohanty, ASC CORAM: MR. JUSTICE R.K. PATTANAIK Order No. ORDER 22.04.2026 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 Khaira P.S. Case No.227 of 2025 corresponding to C.T. Case No.1161 of 2025 pending in the file of learned J.M.F.C., Soro on the grounds stated. 3. Perused the FIR as at Annexure-1. Mr. Dhal, learned Senior Advocate appearing for the petitioner submits that the present accused is the sister-in-law of the deceased and in so far as her husband and parents are concerned, they are already on bail. It is submitted that the deceased committed suicide while in depression and the petitioner is not responsible for the same. The further submission is that the deceased was in depression before committed suicide and the same is revealed from statements of the witnesses examined under Section 180 BNSS. While claiming so, Mr. Dhal, learned Senior Advocate produced the copies of the statements of the witnesses including the informant recorded during investigation. It is submitted that considering the nature of allegations revealed from the record, the petitioner cannot be said to be directly responsible for the death of the deceased, hence, should be allowed to go on bail with conditions pending investigation. A copy of the chargesheet is also produced by Mr. Dhal, learned Senior Advocate at the time of hearing and the same is gone through. 4. Recorded the objection of the State. 5. In fact, a case under Section 103(1) BNSS was registered with other allied offences but at last, upon closure of investigation, it has led to the submission of chargesheet under Section 108 BNSS. The death of the deceased was considered to be a suicide. Of course, taking into account the statements of some of the witnesses, it is made to understand that petitioner and deceased were not in good terms but it appears that after the death of the husband of the deceased, she was in depression. As such, there is no allegation of dowry demand from the side of the petitioner. In fact, the deceased married her late husband in the year 2001 and after his death, she was not in a good state of mind and ultimately committed suicide. In absence of any such serious allegations against the petitioner and since the co-accused husband and parents are already on bail, this Court recording the objection of the State, though not in favour of granting pre-arrest bail to her, but is of the view that she should instead be directed to surrender before the learned court below for being released with conditions. 6. Accordingly, it is ordered. 7. In the result, the ABLAPL is disposed of with the direction as aforesaid. It is further directed that in the event, the petitioner surrenders before the court of learned J.M.F.C., Soro in connection with C.T. Case No.1161 of 2025 corresponding to Khaira P.S. Case No.227 of 2025 within a fortnight from today, she shall be released on bail upon furnishing a bail bond of Rs.30,000/-(rupees thirty thousand) with one solvent surety for the like amount with such other conditions imposed as deemed proper in the facts and circumstances of the case. 8. Issue urgent certified copy of this order as per rules. (R.K. Pattanaik) Judge TUDU Designation: Sr. Stenographer