Laxmipriya Jena vs State Of Odisha .... Opposite Party
2025 Latest Caselaw 2375 Ori

Orissa High Court

Laxmipriya Jena vs State Of Odisha .... Opposite Party on 4 August, 2025

Author: V. Narasingh

Bench: V. Narasingh

                 IN THE HIGH COURT OF ORISSA AT CUTTACK

                            ABLAPL No.8782 of 2025

       Laxmipriya Jena                   ....             Petitioner
                                        Mr. S.C Pradhan, Advocate


                                  -versus-

       State of Odisha                   ....       Opposite Party

                                                 Mr. S.K Lenka, ASC
                        CORAM: JUSTICE V. NARASINGH
                                      ORDER

04.08.2025 Order No.

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

2. The Petitioner is seeking pre-arrest bail in connection with G.R. Case No.448 of 2025 pending in the Court of learned JMFC, Pattamundai arising out of Pttamundai Rural P.S. Case No.253 of 2025 for commission of offence punishable under Sections 87/3(5) of BNS and 9,10,11 Prohibition of Child Marriage Act, 2006.

3. It is submitted by the learned counsel that the allegations against the present Petitioner is that she is actively involved in getting her minor daughter married.

4. It is further stated by the learned counsel that taking into account the nature of allegations, he may be protected by pre-arrest bail.

5. Learned counsel for the State opposes such prayer, inter alia, on the ground that the offence as alleged is serious in nature.

6. Taking into account the nature of allegations and the judgment of the Apex Court in the case of Satendra Kumar Antil Vrs. Central Bureau of Investigation & another reported in 2023 SCC Online SC 452, clarifying the position that anticipatory bail is another facet of bail. Hence all the pre conditions which govern to grant of custodial incarceration shall also apply to pre-arrest bail, this Court directs that on surrendering within three weeks hence and moving for bail, the Petitioner shall be released on bail by the learned Court in seisin on such terms as deemed just and proper.

7. Accordingly, the ABLAPL stands disposed of.

(V. NARASINGH) Judge Soumya

Signed by: SOUMYA RANJAN SAMAL

Location: High Court of Orissa Date: 05-Aug-2025 19:51:40