Disposed¶22

Maheswar Bhatta v. State of Odisha

Orissa HC23 Apr 2025ABLAPL/1030/2025

Case brief

AI extract

What is this about?

ABLAPL No.1030 of 2025; Maheswar Bhatta v. State of Odisha; pre-arrest bail; G.R Case No.431 of 2024; Nirakarpur P.S. Case No.161 of 2024; Section 363 IPC; Section 366 IPC; J.M.F.C-cum-Gram Nyayalaya, Tangi; Justice V. Narasingh; order dated 23.04.2025; surrender within three weeks; victim to marry petitioner on attaining marriageable age; verification of Apex Court challenge before release.

What did the court decide?

Conditional release-on-surrender direction: the Petitioner, on surrendering within three weeks and moving for bail, is to be released on bail by the learned Court in seisin on terms deemed just and proper; the releasing court must first verify whether this Court's order has been challenged before the Apex Court and the result thereof. ¶22

Maheswar Bhatta Vs State of Odisha — Orissa HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

¶22

Issue for consideration

Whether the Petitioner should be granted pre-arrest bail in connection with G.R Case No.431 of 2024 (Nirakarpur P.S. Case No.161 of 2024), in which he is cited as an accused under Section 366 IPC.

¶14

Court's answer

Taking into account the Informant's statement at the Bar (that on attaining marriageable age the victim will join the Petitioner in matrimony), the Court directed that on surrendering within three weeks and moving for bail, the Petitioner shall be released on bail by the learned Court in seisin on such terms as deemed just and proper.

¶20

Ratio / Principle

Before effecting the release, the Court in seisin must verify whether this Court's order has been assailed before the Apex Court and, if so, the result thereof.

¶21

Detailed headnote1 paragraphs

PRE-ARREST BAIL / ABLAPL DISPOSED OF WITH CONDITIONAL RELEASE DIRECTION — High Court of Orissa at Cuttack (Justice V. Narasingh, 23.04.2025), ABLAPL No.1030 of 2025, Maheswar Bhatta v. State of Odisha: Petitioner sought pre-arrest bail in G.R Case No.431 of 2024 (arising out of Nirakarpur P.S. Case No.161 of 2024) pending before the J.M.F.C-cum-Gram Nyayalaya, Tangi; FIR originally under Section 363 IPC, with the Petitioner later cited as accused under Section 366 IPC. On the Informant's counsel stating at the Bar that the victim, on attaining marriageable age, would join the Petitioner in matrimony, the Court disposed of the application, directing release on bail by the Court in seisin upon surrender within three weeks and application for bail, on terms deemed just and proper, subject to verification by the releasing court whether the order had been assailed before the Apex Court and its result.

Maheswar Bhatta v. State of Odisha

Case brief

What is this about?

What did the court decide?

Maheswar Bhatta v. State of Odisha

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

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