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Patna High Court

Usha DeviversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court granted bail to the petitioner.

Summary

Usha Devi, the daughter‑in‑law of the deceased, was arrested in connection with a murder case (S.Tr. Case No. 825 of 2025) under Section 103 of the BNS and has been in custody since 30‑12‑2024. The petitioner contended that she is innocent and that only suspicion, not concrete evidence, links her to the offence. The learned counsel highlighted her gender and the prolonged detention as factors favoring bail. The court, after considering the lack of material evidence and the petitioner’s status as a woman, allowed the bail application. She was released on a bail bond of Rs. 10,000 with two sureties, with the order expressly limited to bail and not affecting the merits of the trial.

Issues considered

  • Whether bail should be granted to the accused in a murder case where only suspicion exists and the accused is a woman.

Subjects

  • bail
  • murder
  • Section 103 BNS
  • gender
  • custody
  • Criminal Procedure Code

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.16354 of 2026
                        Arising Out of PS. Case No.-76 Year-2024 Thana- Bodhibigaha District- Gaya
                 ======================================================
                 Usha Devi wife of Rajesh Vishwakarma Resident of Village- Nonisot Police
                 Station -Bodhi Bigha District -Gaya

                                                                                     ... ... Petitioner/s
                                                         Versus
                 The State of Bihar bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Raghunandan Kumar Singh
                 For the Opposite Party/s :        Mr. Tarkeshwar Nath Thakur
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

2   24-04-2026                    Heard learned counsel for the petitioner and learned

                   APP for the State.

                                    2. The petitioner seeks bail in connection with

                   S.Tr. Case No. 825 of 2025 arising out of Badhi Bigha P.S. Case

                   No. 76 of 2024 registered for the offence under Sections 103 of

                   the BNS.

                                    3. As per the prosecution case, the petitioner is

                   accused of killing the deceased.

                                    4. The petitioner is in custody since 30.12.2024.

                                    5. It has been submitted by the learned counsel for

                   the petitioner that the petitioner is innocent and she being the

                   daughter-in-law of the deceased, has no role to play in the

                   alleged offence. He next submits that except for suspicion, there

                   is no material against the petitioner to connect her with the
          Patna High Court CR. MISC. No.16354 of 2026(2) dt.24-04-2026
                                                      2/2




                    crime.

                                    6. Considering the facts of the case, the period of

                    custody of the petitioner and also considering the fact that the

                    petitioner is a woman, this application is allowed.

                                    7. Let the petitioner, above named, be released on

                    bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand)

                    with two sureties of the like amount each to the satisfaction of

                    the learned concerned Court below in connection with S.Tr.

                    Case No. 825 of 2025 arising out of Badhi Bigha P.S. Case No.

                    76 of 2024.

                                    8. It is, however, clarified that the observations

                    made herein are limited to the adjudication of the present bail

                    application and shall not prejudice the case of the petitioner at

                    any subsequent stage of the trial and this Court has not

                    expressed any opinion on the merits of the case.



                                                               (Sandeep Kumar, J)
Vikas/-

U


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