Namrata Mahapatra Vs State of Odisha — Anticipatory Bail | Orissa HC (2026)

Namrata Mahapatra Vs State of Odisha — Anticipatory Bail | Orissa HC (2026)

What the court decided

AI extract

Outcome

ABLAPL disposed of with direction that the petitioners surrender before learned JMFC-V, Bhubaneswar, District-Khurda (UPD Bhubaneswar) within a fortnight and, upon surrender, be released on bail in connection with C.T. Case No.132 of 2026 corresponding to Airport P.S. Case No.29 of 2026 on a bail bond of Rs.20,000/- each with one solvent surety for the like amount each, with such other conditions as deemed just and proper; urgent certified copy of the order to issue as per rules.

Issue for consideration

Whether pre-arrest bail under Section 482 BNSS should be granted to the petitioners in connection with Airport P.S. Case No.29 of 2026 corresponding to C.T. Case No.132 of 2026, arising out of a family incident in which the recorded injuries are simple.

Court's answer

Recording the objection of the State, and though not in favour of considering the plea of pre-arrest bail, the Court, considering the circumstances under which the alleged incident took place in the family and that the injuries received were all found to be simple in nature, held that the petitioners should be directed to surrender before the learned court below for being released with stringent conditions.

Ratio / Principle

In the event the petitioners surrender before the court of learned JMFC-V, Bhubaneswar, District-Khurda (UPD Bhubaneswar) within a fortnight, they shall be released on bail in connection with C.T. Case No.132 of 2026 corresponding to Airport P.S. Case No.29 of 2026 on furnishing a bail bond of Rs.20,000/- each with one solvent surety for the like amount each, along with such other conditions as deemed just and proper in the facts and circumstances of the case.

Detailed headnote1 paragraphs

Pre-arrest bail — S.482 BNSS — High Court of Orissa at Cuttack, ABLAPL No.1241 of 2026 (R.K. Pattanaik, J.; order dated 21.04.2026). Namrata Mahapatra & another sought pre-arrest bail in connection with Airport P.S. Case No.29 of 2026 corresponding to C.T. Case No.132 of 2026 (JMFC-V, Bhubaneswar, District-Khurda). Two F.I.Rs. (Annexures-1 & 2) covered the self-same family incident between relations, the petitioners having lodged the counter F.I.R. Though the F.I.R. recorded the informant had twenty-one stitches, the medical examination report showed only minor abrasions and lacerations on the palms and little finger, all injuries simple; the counter F.I.R. claimed hemorrhage of the informant, Soumendra Tripathy. Recording the State's objection and while not in favour of considering the pre-arrest bail plea, the Court disposed of the application, directing surrender before the court below within a fortnight and release on bail on a bond of Rs.20,000/- each with one solvent surety for the like amount each, with other conditions as deemed just and proper.

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No.1241 of 2026

Namrata Mahapatra & another …. Petitioners Mr. A.Mishra, Advocate & associates

-Versus-

State of Odisha

…. Opposite Party Mr. S.K.Lenka, ASC

CORAM:

MR. JUSTICE R.K. PATTANAIK

ORDER

Order No.

21.04.2026

Heard learned counsel for the respective parties.

Instant petitions have been filed under Section 482 BNSS by the petitioners seeking pre-arrest bail in connection with Airport P.S. Case No.29 of 2026 pending in the file of learned JMFC-V, Bhubanswar, District- Khurda (UPD Bhubaneswar) corresponding to C.T. Case No.132 of 2026 on the grounds stated.

Perused the F.I.Rs. as at Annexures-1 &2 lodged for the self-same incident. The petitioners lodged a counter F.I.R i.e. Annexure-2. It is revealed from the F.I.R. i.e. Annexure-1 that the informant had twenty-one stitches but from the medical examination report submitted to the Court, it is made to understand that he had minor abrasions and couple of laceration wounds on left and right palm and also on the little finger of the right hand and all the injuries are stated to be simple. In the

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counter F.I.R., there is a claim of hemorrhage of the informant, namely, Soumendra Tripathy. The parties are relations as informed to the Court. Considering the injuries received and since all are found to be simple in nature, this Court considering the circumstances under which the alleged incident took place in the family, recording the objection of the State, though not in favour of considering plea of pre-arrest bail but is of the view that they should be directed to surrender before the learned court below for being released with stringent conditions.

4. Accordingly, it is ordered.

In the result, the ABLAPL is disposed of with the direction as aforesaid. In the event, the petitioners surrender before the court of learned JMFC-V, Bhubaneswar, DistrictKhurda (UPD Bhubaneswar) within a fortnight from today, it is directed that they shall be released on bail in connection with C.T. Case No.132 of 2026 corresponding to Airport P.S. Case No.29 of 2026 on furnishing a bail bond of Rs.20,000/-(rupees twenty thousand) each with one solvent surety for the like amount each with such other conditions imposed as deemed just and proper in the facts and circumstances of the case.

Issue urgent certified copy of this order as per rules.

Signature Not VerifiedKabita

Digitally Signed Signed by: KABITARANI MAJHI Reason: Authentication Location: OHC, Cuttack Date: 23-Apr-2026 13:16:49

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