Patna High Court

Usha DeviversusThe State of Bihar

Decided: 16 January 2026
Disposal: BAIL GRANTED
Bench: R P MISHRA

Holding

The Court granted bail to the petitioner with specified conditions.

Summary

The petitioner, Usha Devi, was arrested in connection with a murder case (Bariyarpur P.S. Case No. 13 of 2024) under Sections 302, 147 and 149 of the Indian Penal Code. She contended that she is an innocent woman falsely implicated, highlighted a five‑day delay in lodging the FIR and pointed out her clean criminal record. The State opposed her bail, arguing the seriousness of the offences. The Court noted the petitioner’s gender, the period of custody already endured, and the fact that co‑accused had been granted bail, and therefore decided to grant bail. She was released on a bail bond of Rs. 15,000 with two sureties, subject to conditions of family surety, regular appearance in court and possible cancellation on default.

Issues considered

Whether bail should be granted to the accused Usha Devi in a murder case under Sections 302, 147 and 149 IPC considering the delay in FIR and her claim of innocence.

Legislation cited

Indian Penal Code — s. 147, 149, 302

Subjects

bail
murder
Indian Penal Code
Section 302
Section 147
Section 149
delay in FIR
gender considerations
criminal procedure

Judgment

                      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 Distt-
                 Muzarffarpur

                                                                                     ... ... 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

2   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
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          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

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