IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No. 167 of 2026

Pabana Swain …. Petitioner

Ms. S. Jena, Advocate

-Versus-

State of Odisha …. Opposite Party

Smt. S. Mohanty, ASC

CORAM:

MR. JUSTICE R.K. PATTANAIK

ORDER

Order

12.01.2026

No.

01. 1. Heard learned counsel for the respective parties.

2. Instant petition under Section 482 BNSS is filed seeking pre-arrest bail of the petitioner in connection with C.T. Case No.201 of 2023 pending in the file of learned J.M.F.C Tigiria, Cuttack arising out of Tigiria P.S. Case No.205 of 2023

on the grounds stated.

3. Gone through the contents of the FIR as at Annexure-1. 4. Mrs. Jena, learned counsel for the petitioner submits that the petitioner and the informant had been in a consensual relationship, however, at the end, their marriage could not be materialized leading to the lodging of the FIR. It is further submitted that the petitioner is working in the Army, whereas, the informant is an Auditor in a private company and both had been in a relationship ever since 2022. The statement of the informant recorded under Section 161 Cr.P.C. is produced along with a copy of the preliminary chargesheet dated 1^st

December, 2023 and the same are gone through. It is made to understand from the FIR and also the statement of the victim under Section 161 Cr.P.C that both had been to different places and stayed together under one roof identifying themselves as spouses. It is made to understand that the marriage between the two could not take place for the reasons stated and for that, the informant lodged the FIR. A case under Section 376(2)(n) IPC has been registered as made to reveal from Annexure-1. Recording the above submission to the effect that the informant was a consenting party and an offence under section 376(2)(n) IPC is not made out and the objection of the State, this Court taking into account the allegations levelled in the FIR i.e. Annexure-1 and the fact that despite such a relationship between both of them, the marriage did not materialize even though there was an agreement in the year 2023 and though, the investigation is still kept open, the Court is of the view that under the above circumstances, the petitioner is not to be granted pre-arrest bail but he should be directed to surrender before the court concerned and to go on bail with conditions.

5. Accordingly, it is ordered.

6. In the result, the ABLAPL is disposed of with the direction to the petitioner to surrender before the learned J.M.F.C Tigiria, Cuttack in connection with C.T. Case No.201 of 2023 corresponding to Tigiria P.S. Case No.205 of 2023 and thereafter, to be released on bail on furnishing a bail bond of Rs.30,000/-(rupees thirty thousand) with one solvent surety for the like amount with such other conditions imposed by the court concerned as deemed just and proper and in the facts and circumstances of the case besides the following, such as, he shall not terrorize or cause any harm to the informant in any manner, whatsoever, after being released.

7. Issue urgent certified copy of this order as per rules.

(R.K. Pattanaik)

Judge Rojina Signature Not Verified Digitally Signed Signed by: ROJINA SAHOO Designation: Junior Stenographer Reason: Authentication Location: OHC, CTC Date: 13-Jan-2026 18:24:41