Namita Mohapatra Vs State of Odisha — Child Sexual Offences (POCSO) | Orissa HC (2025)

Namita Mohapatra Vs State of Odisha — Child Sexual Offences (POCSO) | Orissa HC (2025)

What the court decided

AI extract

Outcome

Pre-arrest bail protection granted: Petitioners to surrender within three weeks and move for bail, whereupon they shall be released on bail by the Court in seisin on such terms as deemed just and proper, subject to the conditions of not intimidating the Informant/her family and cooperating with the ongoing investigation.

Issue for consideration

Whether the Petitioners (co-accused in Spl. G.R. Case No.18 of 2025 arising out of Jodapadar P.S. Case No.34 of 2025) are entitled to pre-arrest bail.

Court's answer

On surrendering within three weeks and moving for bail, the Petitioners shall be released on bail by the learned Court in seisin on such terms as deemed just and proper.

Ratio / Principle

The Petitioners shall not in any way try to intimidate the Informant and her family.

Key takeaways

It is open to the Informant/prosecution to seek variance of the order in the event of any threat perception.obiter¶24
The Petitioners shall cooperate with the ongoing investigation.ratio¶25

Detailed headnote1 paragraphs

Anticipatory Bail (ABLAPL No.7467 of 2025, High Court of Orissa): Namita Mohapatra, Urmila Pradhan @ Sahu and Bhagirathi Pradhan, co-accused with principal accused Badal Palai (already in custody) in Spl. G.R. Case No.18 of 2025 (arising out of Jodapadar P.S. Case No.34 of 2025) pending before the Addl. Sessions Judge-cum-Special Judge (POCSO), Puri, for offences under Sections 137(2), 64(2)(m), 127(2), 351(2), 3(5) BNS, 2023 read with Sections 6/8/12 POCSO Act, were granted pre-arrest bail protection. Perusing the victim's Section 183 BNSS statement, Justice V. Narasingh directed that on surrender within three weeks and moving for bail, the Petitioners be released on bail by the Court in seisin on such terms as deemed just and proper, with conditions that they not intimidate the Informant or her family and cooperate with the investigation; the Informant/prosecution may seek variance of the order on any threat perception. ABLAPL disposed of.

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No.7467 of 2025

1. Namita Mohapatra

Petitioners

2. Urmila Pradhan @ Sahu

3. Bhagirathi Pradhan

Mr. R.N. Rout, Advocate

-versus-

1. State of Odisha 2. Informant

…. Opposite Parties

Mr. C.R. Swain, AGA

CORAM: JUSTICE V. NARASINGH ORDER

15.10.2025

Order No.

01. 1. Heard learned counsel for the Petitioners and learned counsel for the State.

The Petitioners are seeking pre-arrest bail in connection with Spl. G.R. Case No.18 of 2025 pending on the file of learned Addl. Sessions Judge-CumSpecial Judge (POCSO), Puri, arising out of Jodapadar P.S. Case No.34 of 2025 for commission of offences punishable under Sections 137(2)/ 64(2)(m)/ 127(2)/ 351(2)/ 3(5) BNS, 2023, read with Section 6/8/12 POCSO Act.

Learned counsel for the State, on instruction, submits that notice has been served on the Informant. There is no appearance on behalf of the Informant.

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It is submitted by the learned counsel for the Petitioners that the principal accused, Badal Palai, has been taken into custody. Hence, they may be protected by pre-arrest bail.

Learned counsel for the State opposes such prayer.

This Court perused the statement of the victim recorded under Section 183 of BNSS.

Considering the same, it is directed that on surrendering within three weeks hence and moving for bail, the Petitioners shall be released on bail by the learned Court in seisin on such terms as deemed just and proper.

It is further directed that Petitioners shall not in any way try to intimidate the 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 Petitioners shall cooperate with the ongoing investigation.

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Accordingly, the ABLAPL stands disposed of. U.C.C. as per rules.

(V. NARASINGH) Judge

Soumya

Signature Not Verified

Digitally Signed Signed by: SOUMYA RANJAN SAMAL Reason: Authentication Location: High Court of Orissa Date: 17-Oct-2025 10:43:46

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