Champabati Majhi Vs State of Odisha — Anticipatory Bail | Orissa HC (2026)

Champabati Majhi Vs State of Odisha — Anticipatory Bail | Orissa HC (2026)

What the court decided

AI extract

Outcome

Immediate pre-arrest bail declined; petitioners directed to surrender before learned S.D.J.M., Banki within a fortnight and to be released on bail for Banki P.S. Case No.14 of 2026 (G.R. Case No.15 of 2026) upon furnishing bail bonds of Rs.20,000/- each with one solvent surety of the like amount, with liberty to the court below to impose additional suitable conditions; urgent certified copy as per rules.

Issue for consideration

Whether pre-arrest bail under Section 482 BNSS should be granted to the petitioners (Champabati Majhi & another) in connection with Banki P.S. Case No.14 of 2026 corresponding to G.R. Case No.15 of 2026 pending before learned S.D.J.M., Banki.

Ratio / Principle

Recording the objection of the State, the Court was not inclined to grant the petitioners immediate pre-arrest bail, but held that both petitioners should be directed to surrender before the learned court below for being released with suitable conditions imposed.

Key takeaways

Upon surrender before the court of learned S.D.J.M., Banki within a fortnight, the petitioners shall be released on bail in connection with Banki P.S. Case No.14 of 2026 corresponding to G.R. Case No.15 of 2026, subject to furnishing bail bonds of Rs.20,000/- each with one solvent surety for the like amount each; the court below is at liberty to impose such other suitable conditions as deemed just and proper.ratio¶23
The ABLAPL stands disposed of with the foregoing direction, and urgent certified copy is to be issued as per rules.ratio¶23

Detailed headnote1 paragraphs

High Court of Orissa at Cuttack | ABLAPL No.1007 of 2026 | Order dated 13.02.2026 | Judge: R.K. Pattanaik. Petition under Section 482 BNSS by Champabati Majhi & another for pre-arrest bail in Banki P.S. Case No.14 of 2026 corresponding to G.R. Case No.15 of 2026 pending before learned S.D.J.M., Banki. Per the victim's statement recorded under Section 183 BNSS (produced by counsel for the State in course of hearing), the entire allegation is directed against the petitioners — mother and aunt of the principal accused — who allegedly abused the victim shortly before lodging of the F.I.R.; the dispute is over the marriage between the principal accused and the victim. Recording the objection of the State, the Court was not inclined to grant immediate pre-arrest bail, but directed both petitioners to surrender before learned S.D.J.M., Banki within a fortnight, whereupon they shall be released on bail subject to bail bonds of Rs.20,000/- (Rupees twenty thousand) each with one solvent surety for the like amount each, the court below being at liberty to impose other suitable conditions. ABLAPL disposed of with these directions; urgent certified copy as per rules.

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No.1007 of 2026

Champabati Majhi & another

…. Petitioners

Mr. B. K. Raj, Advocate

-Versus-

State of Odisha

…. Opposite Party

Mr. S. K. Lenka, ASC

CORAM:

MR. JUSTICE R.K. PATTANAIK

ORDER

13.02.2026

Order No.

Heard learned counsel for the respective parties.

Instant petition under Section 482 BNSS is filed for pre-arrest bail of the petitioners in connection with Banki P.S. Case No.14 of 2026 corresponding to G.R. Case No.15 of 2026 pending in the file of learned S.D.J.M., Banki on the grounds stated therein.

Perused the F.I.R. as at Annexure-1. A copy of the medical examination report of the victim is at Annexure-2. In course of hearing, learned counsel for the State produced the statement of the victim recorded under Section 183 BNSS. The entire allegation is directed against the petitioner as per the version of the victim therein. It is alleged by the victim that they are being the mother and aunt of the principal accused, abused her shortly before the lodging of the F.I.R.

Considering the nature of allegations vis-à-vis the petitioners and the dispute is over the marriage between the

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principal accused and the victim, recording the objection of the State, this Court is though not inclined to grant them pre-arrest bail, but is of the view that both should be directed to surrender before the learned court below for being released with suitable conditions imposed.

5. Accordingly, it is ordered.

In the result, ABLAPL stands disposed of with the direction as aforesaid. It is further directed that upon surrender before the court of learned S.D.J.M., Banki within a fortnight from today, the petitioners shall be released on bail in connection with Banki P.S. Case No.14 of 2026 corresponding to G.R. Case No.15 of 2026 subject to them furnishing bail bonds of Rs.20,000/- (Rupees twenty thousand) each with one solvent surety for the like amount each to the satisfaction of the learned court below, which shall be at liberty to impose such other suitable conditions as deemed just and proper in the facts and circumstances of the case.

Issue urgent certified copy as per rules.

(R.K. Pattanaik) Judge

Sumitra

Signature Not Verified

Digitally Signed Signed by: SUMITRA NAYAK Reason: Authentication Location: High Court of Orissa, C utta ck Date: 17-Feb-2026 18:06:27

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