Usha Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.6779 of 2025 Arising Out of PS. Case No.-266 Year-2024 Thana- BIBHUTIPUR District- Samastipur ====================================================== Usha Devi Wife of Vijay Sahni R/o village- Belsandi Dih, P.S.- Bibhutipur, Distt.- Samastipur ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Shishir Kumar Shishir, Adv.

Mr. Binod Kumar Sinha, Adv.

For the Opposite Party/s :

Mr. Manoj Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 06-05-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Bibhutipur P.S. Case No. 266 of 2024 instituted for the offences under Sections 103(1) of the B.N.S., 2023.

3. As per prosecution case, some unknown culprits have committed brutal murder of the Informant's son.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence as alleged against her and has falsely been implicated in the present case due to dirty village politics. The petitioner is not named in the F.I.R. and her name has transpired in this case in course of investigation that too after one month of the occurrence on the

Patna High Court CR. MISC. No.6779 of 2025(4) dt.06-05-2025 2/3 basis of the disclosures made by the police spy. There is no eyewitness to the alleged occurrence. He further submits that nothing incriminating has been recovered from the conscious possession of the petitioner. The petitioner is a lady and has no concern with the alleged occurrence. The petitioner has no criminal antecedent and is languishing in judicial custody since 24.09.2024 without any rhymes or reason.

5. On the other hand, learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner, stating that the offence alleged is serious in nature. He further submits that Dhodhai Sahni is the eye-witness to the alleged incident of throwing the half-dead body of the deceased by the accused persons including the petitioner (Para-63 of the case diary). The witnesses in Para-65 and 66 of the case diary have also supported the prosecution case. The doctor has also found the cause of death due to traumatic brain injury caused by hard and blunt substance.

6. Having heard rival contention of both the parties and considering the entire facts and circumstances of the case, the period of custody of the petitioner, the petitioner having no criminal antecedent as also the petitioner being lady, let the petitioner, abovenamed, be released on bail on furnishing bail

Patna High Court CR. MISC. No.6779 of 2025(4) dt.06-05-2025 3/3 bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Bibhutipur P.S. Case No. 266 of 2024.

(Rudra Prakash Mishra, J) rishi/- U T