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2035 DAILYLAW 1 (ORI)

KALPANA PATRA v. STATE OF ODISHA

ABLAPL/2035/2026 · 2026-04-16

R K Pattanaik

body2035

Judgment text

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IN THE HIGH COURT OF ORISSA AT CUTTACK ABLAPL No. 2035 of 2026 Kalpana Patra …. Petitioner Mr. S.K.Jena, Advocate -Versus- State of Odisha …. Opposite Party Mrs. S. Mohanty, ASC CORAM: MR. JUSTICE R.K. PATTANAIK Order No. ORDER 16.04.2026 01. 1. Heard learned counsel for the respective parties. 2. Instant petition under Section 482 BNSS is filed seeking pre-arrest bail of the petitioner in connection with K.Bolang P.S. Case No.142 of 2025 pending in the file of learned JMFC, Koida corresponding to G.R. Case No. 848 of 2025 on the grounds stated. 3. Perused the F.I.R. as at Annexure-1. The case diary is produced by learned counsel for the State and the same is gone through. Along with the case diary, the statements of the witnesses recorded under Section 180 BNSS are also made available to the Court and the same are perused. As per the allegation in the F.I.R., the petitioner and her brother committed the excess and said to have assaulted the informant’s husband by means of a Thenga causing injuries. Page 2 of 3 The Discharge Summary of the victim has also been produced and the same is gone through. Besides that, the medical examination of the injured, namely, Prafulla Seth is submitted to the Court and it reveals him to have suffered grievous injuries. It is claimed that the petitioner is not responsible for the alleged assault to the victim above named. Recorded the objection of the State. The petitioner is a lady and unmarried sister of the co-accused, who alleged to have assaulted the informant’s husband causing the injuries. The statements of the witnesses recorded during investigation reveal the involvement of both the accused persons but considering the fact that the petitioner is a neighbour and said to have accompanied the co- accused brother who appears to be primarily responsible for causing the grievous injuries to the victim, this Court, with the objection of the State noted down, is inclined to direct her to surrender before the learned court below for being released with conditions instead of entertaining any such plea for pre- arrest bail as pleaded. 4. Accordingly, it is ordered. 5. In the result, the ABLAPL is disposed of with the direction as aforesaid. In the event, the petitioner surrenders before the court of learned JMFC, Koida within a fortnight from today, it is directed that she shall be released on bail in connection with K.Bolang P.S. Case No.142 of 2025 corresponding to G.R. Case No. 848 of 2025 on furnishing a bail bond of Rs.40,000/-(rupees forty thousand) with one solvent surety for the like amount to the satisfaction of the learned court below, who shall be at liberty to imposed such other conditions besides the following, such as, she shall not cause harm to the informant and pick up any quarrel with her and to cooperate the I.O. in investigation as and when summoned. 6. Issue urgent certified copy of this order as per rules. (R.K. Pattanaik) Judge Kabita