Pritikanta Jena Vs State of Odisha — Anticipatory Bail | Orissa HC (2026)

Pritikanta Jena Vs State of Odisha — Anticipatory Bail | Orissa HC (2026)

What the court decided

AI extract

Outcome

Pre-arrest bail refused; petitioners directed to surrender before learned J.M.F.C., Pattamundai within a fortnight and, upon surrender, to be released on bail in connection with Pattamundai Rural P.S. Case No.489 of 2025 / G.R. Case No.857 of 2025 on furnishing bail bonds of Rs.30,000/- each with one solvent surety for the like amount each, subject to conditions (no further mischief involving the informant and her family members; co-operation with the I.O. till completion of investigation), with liberty to the court below to impose other suitable conditions.

Issue for consideration

Whether the petitioners are entitled to pre-arrest bail under Section 482 BNSS in connection with Pattamundai Rural P.S. Case No.489 of 2025 / G.R. Case No.857 of 2025. +1 more

Court's answer

The Court found that petitioner No.1 allegedly attempted to have physical relationship with the victim and that, accordingly, an offence punishable under Section 62 BNS is also alleged.

Ratio / Principle

Pre-arrest bail was refused to both petitioners; they were instead directed to surrender before the learned court below to be released on bail with stringent conditions imposed.

Key takeaways

Petitioner No.2 was found not involved in any such (sexual) mischief, being said to have assisted petitioner No.1; no sexual mischief as such was committed except an attempt by one of them.ratio¶20
Upon surrender before learned J.M.F.C., Pattamundai within a fortnight, the petitioners shall be released on bail subject to furnishing bail bonds of Rs.30,000/- each with one solvent surety for the like amount each.ratio¶21
While on bail, neither petitioner shall commit any further mischief involving the informant and her family members and both shall co-operate with the I.O. in the investigation till its completion; the court below is at liberty to impose other suitable conditions.

Detailed headnote1 paragraphs

High Court of Orissa at Cuttack, ABLAPL No.1069 of 2026 — Pritikanta Jena & another v. State of Odisha (Order dated 09.03.2026, R.K. Pattanaik, Judge): Application under Section 482 BNSS for pre-arrest bail in connection with Pattamundai Rural P.S. Case No.489 of 2025 corresponding to G.R. Case No.857 of 2025 pending before learned J.M.F.C., Pattamundai, wherein a case under Section 64 BNSS stands registered with other allied offences. From the victim's statement recorded under Section 183 BNSS before a Magistrate, petitioner No.1 was alleged to have attempted physical relationship with the informant (attracting Section 62 BNS) with petitioner No.2 said to have merely assisted him. Holding that petitioner No.2 committed no sexual mischief himself and that the parties are neighbours, the Court nonetheless declined pre-arrest bail to both and directed them to surrender before the court below within a fortnight and, upon surrender, to be released on bail furnishing bail bonds of Rs.30,000/- each with one solvent surety each, subject to conditions of abstaining from any further mischief involving the informant and her family and co-operating with the I.O. till completion of investigation, the court below being at liberty to impose further suitable conditions. ABLAPL disposed of.

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No.1069 of 2026

Pritikanta Jena & another

&. Petitioners

Mr. S. S. Dash, Advocate

-Versus-

State of Odisha

&. Opposite Party

Mr. S. B. Panda, ASC

CORAM:

MR. JUSTICE R.K. PATTANAIK

ORDER

09.03.2026

Order No.

Heard learned counsels for the respective parties.

Instant petition under Section 482 BNSS is filed for pre-arrest bail of the petitioners in connection with Pattamundai Rural P.S. Case No.489 of 2025 corresponding to G.R. Case No.857 of 2025 pending in the file of learned J.M.F.C., Pattamundai on the grounds stated therein.

Gone through the F.I.R. as at Annexure-1. Recorded the submissions of learned counsel for the respective parties. A case under Section 64 BNSS has been registered with other allied offences. Perused the statement of the victim recorded under Section 183 BNSS before a Magistrate. It is alleged therein that the informant was subjected to harassment and finally on the date of occurrence, petitioner No.1 attempted to have physical relationship with her and further committed other mischief along with petitioner No.2. The Court finds that petitioner No.1 alleged to have attempted to have relationship with the victim, hence, an offence punishable under Section 62

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BNS is also alleged. Considering the fact that petitioner No.2 is not involved in any such mischief but, said to have assisted the co-accused brother, namely, petitioner No.1 and there has been no sexual mischief as such committed except an attempt by one of them, this Court, considering the fact that the parties are neighbours, is of the view that though they are not to be granted pre-arrest bail, but should be directed to surrender before the learned court below for being released with stringent conditions imposed and 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 J.M.F.C., Pattamundai within a fortnight from today, the petitioners shall be released on bail in connection with Pattamundai Rural P.S. Case No.489 of 2025 corresponding to G.R. Case No.857 of 2025 subject to them furnishing bail bonds of Rs.30,000/- (Rupees thirty 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 besides the following, such as, none of them shall commit any further mischief involving the informant and her family members in any manner, whatsoever, while on bail and to co-operate the I.O. in the investigation, till its completion.

Issue urgent certified copy as per rules.

Signature Not Verified

(R.K. Pattanaik) Digitally Signed Signed by: SUMITRA NAYAK Judge Sumitra Reason: Authentication Location: High Court of Orissa, C utta ck Date: 10-Mar-2026 18:24:53

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