Cuttack: Orissa high court has stayed an order of a Bhograi court in Balasore district directing a three-year-old boy to stay in prison with his mother, who is in judicial custody in connection with the alleged murder of her mother-in-law.Justice R K Pattanaik, hearing a petition filed by the child’s father, on Sept 11, directed the state and the accused mother to file their responses. The matter has been posted for Oct 12.The high court’s interim order came after the father challenged the Aug 25 order of the Gram Nyayalaya-cum-JMFC, Bhograi, under which the child was directed to accompany his mother to prison.Taking note of the petitioner’s counsel’s submissions, Justice Pattanaik said the court was inclined to seek responses from both the state and the accused mother. “As an interim measure,” the court stayed the impugned Aug 25 order until the next date of hearing.The father’s counsel argued that the direction was contrary to Rule 338 of the Odisha Prison Rules, 2020. The provision permits a child up to six years of age to stay in prison with his mother only when no other arrangement can be made, he submitted.The child was around three years old but was not breastfeeding and his father, who is his lawful guardian, was available to look after him, he added.The petitioner’s counsel contended that sending the child to prison was not in his best interest when he could remain safely with his father. He also referred to the fact that the mother is facing allegations relating to the death of the child’s grandmother.According to case records, Bhograi police arrested the 35-year-old woman on June 28 after her 63-year-old mother-in-law suffered grievous injuries in an alleged attack by her at their house in Patharghata village. The elderly woman later succumbed to her injuries, following which the case was converted into an alleged case of murder.An altercation broke out on June 27 when the accused allegedly expressed a wish for buying a scooter. Her mother-in-law reportedly asked her to wait, citing the family’s financial condition. The woman allegedly attacked her with a vegetable chopper during the altercation.