Sibasankar Padhy Vs State of Odisha — Dowry and Cruelty | Orissa HC (2026)

Sibasankar Padhy Vs State of Odisha — Dowry and Cruelty | Orissa HC (2026)

What the court decided

AI extract

Outcome

Anticipatory (pre-arrest) bail granted: petitioner, if arrested, to be released by the Arresting Officer subject to verification of criminal antecedents of similar nature and to conditions of cooperation with the investigation, appearance before the I.O. as required, abstention from similar offences while on bail, and attendance before the trial Court on every posting date; violation of any condition shall entail cancellation of bail.

Issue for consideration

Whether the petitioner should be enlarged on anticipatory (pre-arrest) bail in connection with Berhampur Mahila P.S. Case No.10 of 2026 / G.R. Case No.342 of 2026 pending before the learned S.D.J.M., Berhampur.

Court's answer

Regard being had to the nature of the allegations against the petitioner, and to the fact that the dispute arises out of matrimonial discord (the FIR having been lodged by his wife of about ten years), the Judge was inclined to enlarge the petitioner on anticipatory bail.

Ratio / Principle

In the event the petitioner is arrested, he is to be released by the Arresting Officer, subject to verification of his criminal antecedents of similar nature.

Key takeaways

Release is further conditioned on cooperation with the investigation, appearance before the I.O. as and when his presence is required for the purpose of investigation, and abstention from indulging in similar criminal offences while on bail.ratio¶24
Further conditions: the petitioner must appear before the trial Court on each and every date of posting of the case if not prevented by sufficient cause, and violation of any of the bail conditions shall entail cancellation of bail.ratio¶24

Detailed headnote1 paragraphs

Anticipatory bail granted and ABLAPL disposed of (order dated 22.04.2026, Justice Sibo Sankar Mishra, High Court of Orissa at Cuttack) for Sibasankar Padhy facing charges under Sections 85/296/115(2)/82(1)/3(5) of the BNS, 2023 and Sec-4 of the Dowry Prohibition Act, 1961 in Berhampur Mahila P.S. Case No.10 of 2026 / G.R. Case No.342 of 2026 pending before the learned S.D.J.M., Berhampur, founded on his wife's 05.02.2026 complaint alleging physical and mental torture demanding dowry after their 20.01.2017 marriage. Treating the dispute as arising out of matrimonial discord, the Court directed that on arrest the petitioner be released by the Arresting Officer subject to verification of criminal antecedents of similar nature, with conditions of cooperation with investigation, appearance before the I.O. as and when required, abstention from similar offences while on bail, and attendance before the trial Court on each posting date; violation of any condition shall entail cancellation of bail.

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No.2711 of 2026

Sibasankar Padhy …. Petitioner(s)

Mr. Subash Chandra Acharya, Advocate

-versus-

State of Odisha …. Opposite Party(s)

Mr. P. Nayak, AGA

CORAM: JUSTICE SIBO SANKAR MISHRA

ORDER

Order No.

01.

1. Heard.

22.04.2026

2. The petitioner is seeking pre-arrest bail in connection with Berhampur Mahila P.S. Case No.10 of 2026 corresponding to G.R. Case No.342 of 2026 registered for alleged commission of the offences punishable under Sections 85/296/115(2)/82(1)/3(5) of the BNS, 2023 & Sec-4 of the Dowry Prohibition Act, 1961 pending in the Court of the learned S.D.J.M., Berhampur.

3. Learned counsel for the petitioner, on instruction from the petitioner, submits that except the present bail application, no other bail application of the

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petitioner is pending in any other Court relating to the aforesaid F.I.R.

4. The allegation against the petitioner is that on 05.02.2026 the complainant reported alleging that she got married with the present petitioner on 20.01.2017 and she has been blessed with a daughter. After few days of marriage, the in-laws of the complainant started torturing her both physically and mentally demanding more dowry. Hence, the F.I.R.

5. The FIR has been registered at the instance of the wife of the petitioner who has married to the petitioner 10 years back. Essentially the dispute is arising out of the matrimonial discord.

6. Regard being had to the nature of allegations against the petitioner and the fact that the dispute in the present case is arising out of a matrimonial discord, I am inclined to enlarge the petitioner on anticipatory bail. Accordingly, it is directed that, in the event, the petitioner is arrested, he will be released by

the Arresting Officer, subject to the verification of the criminal antecedents of similar nature. The release of

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the petitioner shall also be subject to the conditions that he will cooperate with the investigation and will

appear before the I.O. as and when his presence is required for the purpose of investigation; he will not indulge in similar criminal offences while on bail; he will appear before the trial Court on each and every date of posting of the case, if not presented by sufficient cause. Violation of any of the conditions shall entail cancellation of bail.

7. The ABLAPL is, accordingly, disposed of.

(S.S. Mishra) Judge

Subhasis/Suchitra

Signature Not Verified

Digitally Signed Signed by: SUCHITRA BEHERA Reason: Authentication Location: HIGH COURT OF ORI SSA Date: 24-Apr-2026 15:43:57

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