Usha Devi @ Usha Kumari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.19576 of 2025 Arising Out of PS. Case No.-289 Year-2024 Thana- SHEOHAR District- Sheohar ====================================================== Usha Devi @ Usha Kumari W/o- Vikash Kumar Village- Kasturiya PsTariyani Dist- Sheohar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Uday Kumar For the Opposite Party/s :

Mr.Shyam Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 23-04-2025

1. Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in anticipation of her arrest in a case registered for the offences punishable under Sections 80(2) and 3(5) of the Indian Penal Code.

3. The learned counsel for the petitioner submits that the petitioner is a person with clean antecedent and is first wife of Vikash Kumar. It is next submitted that deceased in the present case was second wife of Vikash Kumar. It is further submitted that since Vikash Kumar was not on cordial relation with the petitioner, as such, he performed his second marriage with the deceased and the informant alleges that the accused persons including the petitioner was torturing the deceased for non-fulfilment of demand of dowry. Accordingly, she

Patna High Court CR. MISC. No.19576 of 2025(2) dt.23-04-2025 2/3 complained based on which, the informant provided her a room to stay along with her husband i.e. Vikash, but then, while staying in the room, Vikash under the influence of the accused persons again started torturing her for dowry and when the demand was not fulfilled, he assaulted. Further, on 05.10.2024, the son of the informant informed that the victim has hanged herself by a ceiling fan.

4. The learned counsel for the petitioner submits that since petitioner is first wife of Vikash Kumar, as such, she came to be implicated with general and omnibus allegation. It is also submitted that petitioner does not stay with Vikas rather is staying separately after he performed his second marriage, but the informant has falsely implicated her for ulterior reason.

5. Learned A.P.P. opposes the anticipatory bail application.

6. Considering the submissions made by the learned counsel for the petitioner, the petitioner, above-named, in the event of her arrest or surrender before the learned Court below within a period of six weeks, is directed to be released on bail on her furnishing bail-bonds in the sum of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Sheohar in

Patna High Court CR. MISC. No.19576 of 2025(2) dt.23-04-2025 3/3 connection with Sheohar P. S. Case No.289 of 2024, subject to the conditions laid down under Section 438(2) of the Cr.P.C.

7. The application stands allowed.

(Satyavrat Verma, J) vikash/- U T