Partly allowed

Rita Malik v. State of Odisha

Orissa HC9 Sept 2026ABLAPL/8753/2026

Case brief

AI extract

What is this about?

The High Court of Orissa initially declined pre-arrest bail for two male petitioners in a domestic dispute involving serious offences under BNS but allowed other female petitioners to secure bail upon surrender within three weeks, pending a regular bail application before the trial court.

What did the court decide?

Pre-arrest bail rejected for male petitioners; female petitioners granted conditional bail upon surrender within three weeks and subsequent trial court bail application.

Rita Malik Vs State of Odisha — Bail and Remand | Orissa HC (2026)

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IN THE HIGH COURT OF ORISSA AT CUTTACK ABLAPL No. 8753 of 2026 CNR No. ODHC010526702026

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1. Rita Malik

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2. Manoj Malik

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3. Samara Malik

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4. Mamata Malik

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5. Anusaya Malik

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Petitioners 6. Sibananda Malik

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Mr. D.K. Sahoo, Advocate

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-versus-

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1. State of Odisha …. Opposite Parties

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2. Judhistir Malik

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Mr. C.R. Swain, AGA

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CORAM: JUSTICE V. NARASINGH ORDER

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09.09.2026

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Order No.

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

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The Petitioners are seeking pre-arrest bail in connection with G.R. Case No.1644 of 2026 pending in the Court of learned S.D.J.M., Kendrapara, arising out of Kudanagari P.S. Case No.208 of 2026 for commission of offence punishable under Sections 115(2), 85, 117(2), 296, 351(2), 3(5) of BNS, 2023. 3. It is submitted by the learned counsel that omnibus nature of allegations have been made by the

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son of the Petitioner Nos.3 and 4, who is the husband of the victim, making exaggerated allegations which are out of family dissention. Hence, the Petitioners may be protected by pre-arrest bail.

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Learned counsel for the State opposes such prayer.

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This Court perused the statement of the injured as well as the injury report indicating that injured has suffered several injury.

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Considering the nature of allegations and the manner in which the lady has been assaulted, this Court is not inclined to entertain the application for pre-arrest bail in respect of Petitioner Nos.2 and 6 (Manoj Malik, Sibananda Malik) . However, in the event the Petitioner Nos.2 and 6 (Manoj Malik, Sibananda Malik) surrender before the learned Court in seisin and move an application for their release on bail, the same shall be considered on its own merit.

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So far as the Petitioner Nos.1,3,4 and 5 (Rita Malik, Samara Malik, Mamata Malik and Anusaya Malik) are concerned, it is directed that on surrendering within three weeks hence and moving for bail, the Petitioner Nos.1,3,4 and 5 shall be

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released on bail by the learned Court in seisin on such terms as deemed just and proper.

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It is further stated that the Petitioner Nos.1,3,4 and 5 shall cooperate with the ongoing investigation.

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

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(V. NARASINGH)

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Judge

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Soumya

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Signature Not Verified

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Digitally Signed Signed by: SOUMYA RANJAN SAMAL Reason: Authentication Location: High Court of Orissa Date: 10-Sep-2026 19:07:37

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Rita Malik v. State of Odisha

Case brief

What is this about?

What did the court decide?

Rita Malik v. State of Odisha

Case brief

What is this about?

What did the court decide?

What the court decided

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