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Orissa High Court
Raju Mirdha vs State Of Odisha .... Opp. Party on 21 April, 2026
IN THE HIGH COURT OF ORISSA AT CUTTACK
BLAPL No.1821 of 2026
Raju Mirdha .... Petitioner
Mr. Amit Prasad Bose, Advocate
-versus-
State of Odisha .... Opp. Party
Mr. Aurobinda Mohanty, ASC
CORAM: JUSTICE SIBO SANKAR MISHRA
Order ORDER
No. 21.04.2026
01.
1.
The petitioner is an accused in connection with
Patnagarh P.S. Case No.348 of 2025 corresponding to
G.R. Case No.1385 of 2025 for the alleged commission
of the offences punishable under Sections
296/351(3)/108 of the BNS, 2023, pending in the
Court of the learned S.D.J.M., Patnagarh. The
petitioner had approached the learned Additional
Sessions Judge, Patnagarh in BLAPL No.10 of 2026
praying for grant of bail. The learned Court below vide
its order dated 03.02.2026 rejected the bail
application of the petitioner. Being aggrieved, the
petitioner has filed the present petition under 483 of
BNSS, 2023 praying for enlargement on bail.
2. Learned counsel for the petitioner, on instruction
from the petitioner, submits that except the present
bail application, no other bail application of the
petitioner is pending in any other Court relating to the
aforesaid F.I.R.
3. The prosecution case is that on 03.11.2025 at
about 8.10 A.M., the complainant S.I. R.K. Dungdung
produced a written report alleging that on 09.10.2025,
on the written report of the informant about missing of
her daughter of village Retakhandi, District- Bolangir,
from the house without any knowledge of the family
members. In this regard, one MMR was registered vide
Patnagarh P.S. MMR No.90/25 and the ASI T.
Dansana who inquired into the MMR. Her family
members with the police team searched every places,
but in vain. On 01.11.2025, the family members of the
deceased discovered her daughter's decomposed dead
body lying under a berry tree near the babu kata
munda (village pond) at Ratakhandi village. Hence, the
case.
4. After the investigation, the charge sheet has been
filed in the present case on 30.01.2026.
5. Mr. Amit Prasad Bose, learned counsel for the
petitioner taking me to the statements of the mother of
the victim and the villagers, pointed out that both of
parents of the deceased have admitted in their
statements recorded under Section 180 of the BNSS
(Section 161 of the Cr. P.C.) that the petitioner and the
daughter of the informant were in relationship. The
petitioner has promised the victim to marry. He had
made calls to the brother of the victim regarding the
same. Unfortunately, the dead body of their daughter
was found and they suspected that the petitioner is
involved in commission of the suicide of their
daughter. Since it is admitted on record by the victim's
parents that the petitioner was in relationship with the
victim and had promised to marry, but due to some
misunderstanding and for the conduct of the
petitioner the deceased has taken extreme step in life,
prima facie, I am inclined to admit the petition on bail.
6. The petitioner has been in the jail custody since
03.11.2025.
7. Regard being had to the nature of allegation
against the petitioner, the period of custody of the
petitioner since 03.11.2025 and the fact that the
charge sheet has already been filed in the present
case, I am inclined to enlarge the petitioner on bail.
8. Hence, the petitioner is directed to be released on
bail by the learned Court in seisin over the matter in
the aforesaid case on such terms and conditions as it
would deem just and proper, subject to the following
additional conditions:
(i) He shall not leave the jurisdiction of the trial
Court till the disposal of the trial;
(ii) He shall appear before the trial Court on each
date on which the case is posted for trial;
(iii) He shall not tamper with the evidence in any
manner whatsoever;
(iv) He shall not commit any offence while on bail,
and
(v) He shall be released on bail subject to
verification of similar type of antecedents.
In the event, the petitioner is found wanting for
violation of any of the bail conditions imposed by this
Court or the trial Court even on a single occasion, the
prosecution is at liberty to move appropriate
application before the Court below for cancellation of
the concession of bail granted by this Court. If such
application is filed, the trial Court should decide the
application on its own merit.
9. The BLAPL is accordingly disposed of.
(S.S. Mishra)
Subhasis Judge
Designation: Personal Assistant
Location: High Court of Orissa, Cuttack.
Date: 21-Apr-2026 19:32:57
