Patna High CourtCR. MISC./50350/2025bail granted

Usha Devi v. The State Of Bihar

2025-07-25Mr. Justice Rajesh Kumar Verma3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.50350 of 2025 Arising Out of PS. Case No.-291 Year-2024 Thana- CHAND District- Kaimur (Bhabua) ====================================================== Usha Devi Wife of Sahtu Bind Resident of Village - Kishunpura, P.S.- Chand, District - Kaimur at Bhabua.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Pawan Kumar Singh, Advocate For the Opposite Party/s :

Mr. Narendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 25-07-2025 Heard Mr. Pawan Kumar Singh, learned counsel for the petitioner and Mr. Narendra Kumar Singh, learned APP for the State.

2. Petitioner seeks bail, who is in custody since 12.04.2025, in connection with Chand P.S. Case No. 291 of 2024, F.I.R. dated 17.12.2024 registered for the offences punishable under Sections 80, 3(5) of B.N.S. 2023.

3. Allegation against the petitioner is of committing torture and caused death due to non-fulfillment of demand of dowry.

4. Learned counsel for the petitioner submits that the petitioner has clean antecedent and she has been falsely implicated in the present case. He further submits that the petitioner is in custody since 12.04.2025 and she has been made accused merely on the ground that she is mother-in-law of the deceased. It appears

Patna High Court CR. MISC. No.50350 of 2025(2) dt.25-07-2025 2/3 from the F.I.R. itself that the informant is not an eye witness of the alleged occurrence and there is no specific allegation of any assault or overt act or demand of dowry attributed against the petitioner rather there is general and ombinus allegation against all the accused persons including the petitioner and son of the petitioner who happens to be the husband of the deceased is in judicial custody sicne 15.04.2025. He further submits that similarly situated co-accused persons namely Chatku Bind, Kalawati Devi @ Kamli Devi have been granted the privilege of anticipatory bail by this Court vide order dated 07.05.2025 passed in Cr. Misc. No. 25152 of 2025 and the police after investigation submitted chargesheet against the petitioner and the petitioner is in custody since 12.04.2025.

5. The learned Additional Public Prosecutor for the State has vehemently opposed the prayer for bail of the petitioner.

6. Considering the facts and circumstances of the case and the fact that the petitioner having clean antecedent and she has been made accused merely on the ground that she is mother-in-law of the deceased and similarly situated co-accused persons have been granted the privilege of anticipatory bail by this court and the husband of the deceased who happens to be the son of the petitioner is in judicial custody, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (Rupees

Patna High Court CR. MISC. No.50350 of 2025(2) dt.25-07-2025 3/3 Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate 1st Class, Kaimur at Bhabhua in connection with Chand P.S. Case No. 291 of 2024, subject to the following conditions :-

(1) 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 her absence on two consecutive dates without sufficient reason, her bail bond shall be cancelled by the Court below.

(2) If the petitioner tampers with the evidence or the witness, in that case, the prosecution will be at liberty to move for cancellation of bail.

(3) 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 her criminal antecedents, 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) Ibrar//- U