Sritam Rath Vs State of Odisha — Dowry and Cruelty | Orissa HC (2025)

Sritam Rath Vs State of Odisha — Dowry and Cruelty | Orissa HC (2025)

What the court decided

AI extract

Outcome

Pre-arrest bail protection: conditional release on bail upon surrender within three weeks and moving for bail, subject to periodic appearance before the jurisdictional police station (twice monthly till final form; once monthly post charge sheet) with certification to the Court in seisin, abstention from intimidating the victim/Informant and her family, and cooperation with the ongoing investigation; it shall remain open to the Informant/prosecution to seek variance of the order in the event of any threat perception.

Issue for consideration

Whether the Petitioner is entitled to pre-arrest (anticipatory) bail protection in connection with the offences registered in Puri Sadar P.S. Case No.494 of 2024 / G.R. Case No.712 of 2024.

Court's answer

Taking into account the nature of allegations and the punishment prescribed, the Petitioner is to be released on bail by the learned Court in seisin upon surrendering within three weeks and moving for bail, on such terms as deemed just and proper.

Ratio / Principle

As a condition, the Petitioner shall appear before the jurisdictional police station twice every month till submission of the final form and once every month post filing of the charge sheet, with certification of such appearance submitted to the Court in seisin.

Key takeaways

The Petitioner is directed not to intimidate the victim/Informant and her family in any way.ratio¶21

Detailed headnote1 paragraphs

Anticipatory bail - ABLAPL No.3675 of 2025 (High Court of Orissa at Cuttack, Justice V. Narasingh, order dated 05.08.2025): Petitioner sought pre-arrest bail in connection with G.R. Case No.712 of 2024 pending before the learned Gramya Nyayalaya-Cog-JMFC, Puri, arising out of Puri Sadar P.S. Case No.494 of 2024, for offences punishable under Sections 82(1)/85/115(2)/296/351(2)/3(5) of the Bharatiya Nyaya Sanhita, 2023 read with Sec.4 of the Dowry Prohibition Act. Weighing the nature of allegations against the punishment prescribed, the Court disposed of the application by directing conditional protection: on surrender within three weeks and moving for bail, the Petitioner is to be released on bail by the Court in seisin on terms deemed just and proper. Conditions imposed: appearance before the jurisdictional police station twice every month till submission of the final form and once every month after filing of the charge sheet, with certification to the Court in seisin; no intimidation of the victim/Informant and her family; cooperation with the ongoing investigation. The Informant/prosecution may seek variance of the order in the event of any threat perception. Petitioner's counsel urged exaggerated allegations given litigating terms; the Informant's counsel opposed citing threat perception.

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No.3675 of 2025

Sritam Rath

Petitioner

Mr. R.N Mohanty, Advocate

-versus-

State of Odisha

Opposite Party

Mr. C.R. Swain, AGA Mr. S.R. Swain, Advocate

CORAM: JUSTICE V. NARASINGH ORDER

05.08.2025

Order No.

03.

Heard learned counsel for the Petitioner and learned counsel for the State as well as the Informant.

The Petitioner is seeking pre-arrest bail in connection with G.R. Case No.712 of 2024 pending in the Court of learned Gramya Nyayalaya-Cog-JMFC, Puri arising out of Puri Sadar P.S. Case No.494 of 2024 for commission of offence punishable under Sections 82(1)/ 85/ 115(2)/ 296/ 351(2)/ 3(5) of the Bharatiya Nyaya Sanhita, 2023(BNS) read with Sec.4 of Dowry Prohibition Act.

It is submitted by the learned counsel that since exaggerated allegations have been made since the parties are on litigating terms. Hence, the Petitioner may be protected by pre-arrest bail.

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Learned counsel for the Informant opposes such prayer and submits that the there is a threat perception.

Taking into account the nature of allegations and the punishment prescribed, it is directed that on surrendering within three weeks hence 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.

Additionally, it is directed that the Petitioner shall appear before the jurisdictional police station twice every month till the submission of final form and thereafter once every month post filing of the charge sheet on such date and time to be fixed by the learned Court in seisin. Certification of such appearance shall be submitted to the Court in seisin.

It is further directed that Petitioner shall not in any way try to intimidate the victim/ Informant and her family.

It shall be open for the Informant/prosecution to seek variance of this order in the event there is any threat perception.

It is needless to state that the Petitioner shall cooperate with the ongoing investigation.

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10. Accordingly, the ABLAPL stands disposed of.

(V. NARASINGH) Judge

Soumya

Signature Not Verified

Digitally Signed Signed by: SOUMYA RANJAN SAMAL Reason: Authentication Location: High Court of Orissa Date: 05-Aug-2025 20:03:22

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