Usha Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.88261 of 2025 Arising Out of PS. Case No.-13 Year-2024 Thana- Bariyarpur District- Muzaffarpur ====================================================== Usha Devi W/o- Surendra Paswan Village- Pegambarpur PS-Bariyarpur DisttMuzarffarpur ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Rakesh Prabhat, Advocate For the Opposite Party/s :
Mr. Ram Priya Sharan Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 16-01-2026 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner seeks bail in connection with Bariyarpur P.S. Case No. 13 of 2024 instituted for the offences under Sections 302, 147, 149 of the Indian Penal Code.
3. Prosecution case, in short, is that the accused persons have committed the murder of the husband of the informant.
4. Learned counsel for the petitioner submitted that the petitioner is an innocent lady and has falsely been implicated in the present case. Learned counsel further submitted that there is a delay of five days in lodging the FIR without plausible explanation, which in itself, raises doubt over the prosecution
Patna High Court CR. MISC. No.88261 of 2025(2) dt.16-01-2026 2/3 story. Learned counsel for the petitioner submitted that general and omnibus allegation has been made against the petitioner. It has been submitted on behalf of the petitioner that the petitioner is in custody since 05.05.2025 and has no criminal antecedent. The co-accused persons have already been granted bail by this Court vide order dated 16.07.2025 passed in Cr. Misc. No. 48291 of 2025.
5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.
6. Considering the aforesaid facts and circumstances of the case, petitioner being lady as also the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.
7. Let the petitioner be released on bail on furnishing bail bonds of Rs. 15,000/- ( Rupees Fifteen Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Bariyarpur P.S. Case No. 13 of 2024, subject to the following conditions: (I) One of the bailors shall be own/close member of the family of the petitioner.
(II) The petitioner shall appear on each and every date fixed at the trial. In case of default in such appearance on two
Patna High Court CR. MISC. No.88261 of 2025(2) dt.16-01-2026 3/3 consecutive dates, the Trial Court will have liberty to cancel the bail bonds of the petitioner.
(Rudra Prakash Mishra, J) Alok Verma/- U T