Patna High Court
Usha Devi @ Usha Sukla @ Usha ShuklaversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
The Court allowed the bail application and ordered the petitioner’s release on bail.
Summary
The petitioner, Usha Devi, was arrested on charges including kidnapping, forced marriage, and several serious offences under the Indian Penal Code and the Protection of Children from Sexual Offences (POCSO) Act. She sought regular bail, contending that the primary accused, Avinash Thakur, who performed the marriage, had already been granted bail in a related case. The State opposed the bail application, emphasizing the gravity of the offences and the petitioner’s custody since 7 April 2025. The Court considered the facts, the length of custody, and the precedent of bail granted to the co-accused. It concluded that bail was appropriate under the circumstances and ordered the petitioner’s release on a bail bond of Rs. 10,000 with two sureties. The order was pronounced by Justice Prabhat Kumar Singh.
Issues considered
- Whether regular bail should be granted to the petitioner despite the serious nature of the offences under IPC and POCSO.
- Whether the prior grant of bail to the co-accused influences the bail decision for the petitioner.
- Whether the period of custody and the facts of kidnapping and forced marriage warrant denial of bail.
Legislation cited
- Indian Penal Code — s. 323, 341, 376, 498A, 504, 506
- Protection of Children from Sexual Offences Act — s. 12, 18
Subjects
- regular bail
- kidnapping
- forced marriage
- IPC
- POCSO
- criminal procedure
- bail bond
- court order
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.43042 of 2025
Arising Out of PS. Case No.-115 Year-2014 Thana- MAHILA P.S. District- Muzaffarpur
======================================================
Usha Devi @ Usha Sukla @ Usha Shukla W/o Rahul Thakur @ Rahul @
Rahul Sukla Resident of Village- Bahilbara (Rupnath Utri), P.S.- Saraiya,
District- Muzaffarpur
... ... Petitioner/s
Versus
1. The State of Bihar
2. X D/o Late Sudhir Chaudhary R/o Village- Supna, P.S.- Saraiya, District-
Muzaffarpur
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Rasika, Advocate
Ms. Priti , Advocate
Ms. Rasika, Advocate
Ms. Jyoti singh, Advocate
Mr. Janmejay Giridhar , Advocate
For the Opposite Party/s : Mr. Tarun Prasad Mandal , APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
3 12-02-2026 Heard learned counsel for the petitioner and learned
A.P.P. for the State .
2. Petitioner seeks regular bail in a case registered for
the offence punishable under Section 498(A), 341, 323, 506,
504, 376 of the Indian Penal Code and 12, 18 of Protection of
Children from Sexual Office Act.
3 . Petitioner is alleged to have kidnapped the victim
and got her married to a man namely , Avinash Thakur who is
aged about 35 years.
4. Learned counsel for the petitioner submits that
Patna High Court CR. MISC. No.43042 of 2025(3) dt.12-02-2026
2/2
specific accusation is against co-accused Avianash Thakur who
solemnized marriage with the victim and both of them are
living together as husband and wife . Moreover, co-accused
Avinash Thakur has arleady been granted bail by this Hon’ble
Court vide order dated 19.02.2018 in Cr. Misc. No. 37275 of
2018. Petitioner is in custody since 07.04.2025 .
5 . Learned A.P.P. for the State vehemently opposes
the bail application .
6. Considering the aforesaid facts and circumstances
of the case and period of custody , the bail application is
allowed. Let the above named petitioner 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 District
and Additional sessions Judge VII-cum- Exclusive special Court
of POCSO Act, Muzaffarpur in connection with Muzaffarpur
Mahila P. S. Case No. 115 of 2014 .
(Prabhat Kumar Singh, J)
Koushik/-
U T
Checking your session…