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2086 DAILYLAW 1 (ORI)

JITEN SINGH @ JITU v. STATE OF ODISHA

ABLAPL/2086/2026 · 2026-04-21

R K Pattanaik

body2086

Judgment text

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IN THE HIGH COURT OF ORISSA AT CUTTACK ABLAPL No.2086 of 2026 Jiten Singh @ Jitu …. Petitioner Mr. A.R. Panda, Advocate -Versus- State of Odisha …. Opposite Party Mr. S. Panda, ASC CORAM: MR. JUSTICE R.K. PATTANAIK Order No. ORDER 21.04.2026 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 Jajpur Sadar P.S. Case No.46 of 2026 corresponding to C.T. Case No.282 of 2026 pending in the file of learned S.D.J.M., Jajpur on the grounds stated. 3. Perused the FIR as at Annexure-1. It is submitted by Mr. Panda, learned counsel for the petitioner that the present accused is the brother-in-law of the informant, namely, wife of his deceased brother. It is further submitted that the marriage between petitioner and informant could not materialize for the reason stated in the FIR itself and as such, no case under Section 69 BNSS is made out. The case diary submitted to the Court along with the statement of the victim recorded under Section 183 BNSS. According to the version of the victim, her husband died in 2025 and thereafter, the petitioner developed relationship with her and it was on a promise of marriage. It is alleged by her that because of the relationship between her and the petitioner, she became pregnant. Since it is alleged that there has been miscarriage, a case under Section 89 BNSS is also registered with other allied offences. Considering the dispute between the parties and since both are related to each other and there was understanding in family for their marriage but failed to materialize for the reasons disclosed by her while being examined before a Magistrate under Section 183 BNSS, this Court, under the peculiar facts and circumstances narrated hereinabove, though not in favour of granting pre-arrest bail to the petitioner but is inclined to directed him to surrender before the learned court below for being released with conditions. 4. Accordingly, it is ordered. 5. 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 S.D.J.M., Jajpur in connection with Jajpur Sadar P.S. Case No.46 of 2026 corresponding to C.T. Case No.282 of 2026 within a fortnight from today, he shall be released on bail and at the same time, the Court is inclined to direct the petitioner and informant to go for mediation and to appear before the DLSA, Jajpur for the said purpose on 1st May, 2026 to receive further order. State is directed to intimate the informant about the date of mediation with the assistance of the local police. 6. Issue urgent certified copy of this order as per rules. 7. A copy of the order be handed over to Mrs. Mohanty, learned ASC for the State for its compliance and intimation to the informant in the meantime. (R.K. Pattanaik) Judge TUDU Designation: Sr. Stenographer