Usha Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.30202 of 2025 Arising Out of PS. Case No.-59 Year-2023 Thana- PIPRAHI District- Sheohar ====================================================== Usha Devi W/o Kaushalendra Karunakar R/o Village- Dhamkaul, P.S.- Piprahi, District- Sheohar ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Mukund Mohan Jha, Advocate For the Opposite Party/s :
Mr.Bhanu Pratap Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 02-05-2025 Heard Mr.Mukund Mohan Jha, learned counsel for the petitioner and Mr.Bhanu Pratap Singh, learned A.P.P. for the State.
2. The petitioner seeks bail, who is in custody since 29.03.2025 in connection with Piprahi P.S. Case No. 59 of 2023, F.I.R. dated 07.04.2023 registered for the offence punishable under Sections 302/34 of IPC.
3. Allegation against the petitioner is of causing murder of her daughter-in-laws. The allegation against her is that she was torturing the deceased for realization of dowry from and taunting her for her failure to beget son.
4. Learned counsel appearing for the petitioner submits that the petitioner has clean antecedent and she has falsely been implicated in the present case merely on the ground
Patna High Court CR. MISC. No.30202 of 2025(2) dt.02-05-2025 2/3 that the petitioner is mother-in-law of the deceased. It appears from the FIR that the informant is not the eye witness of the alleged occurrence and merely on the basis of suspicion she has falsely been implicated in the present case and apart from that, the husband of the deceased, who happens to be the son of the petitioner, has been granted regular bail by a Coordinate Bench of this Hon'ble Court vide order dated 19.03.2024 passed in Cr. Misc. No.84951 of 2023 and brother-in-law of the deceased and father-in-law of the deceased have also been granted bail by this Court vide order dated 21.09.2023 passed in Cr. Misc. No.55557 of 2023 observing that they will be released after framing of the charges and the police, after investigation, submitted chargesheet against the petitioner and the petitioner is in custody since 29.03.2025.
5. Learned APP for the State has opposed the prayer for bail of the petitioner.
6. Considering the aforesaid facts and petitioner has clean antecedent, let the petitioner, above named, be released on bail after framing of the charges, on furnishing bail bond of Rs.10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Principal Sessions Judge, Sheohar in connection with Piprahi P.S. Case No. 59 of 2023,
Patna High Court CR. MISC. No.30202 of 2025(2) dt.02-05-2025 3/3 with the following conditions:- (I) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court and shall remain physically present as directed by the Court and on his/her absence on two consecutive dates without sufficient reason, his/her bail bond shall be cancelled by the Court below. (II) If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.
(III) And, further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage, it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.
(Rajesh Kumar Verma, J) Nitesh/- U T