Created by Fuzzy Cloud

Patna High Court

Mira DeviversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The court held that the petitioner is entitled to regular bail as she has no criminal antecedent and the allegations do not warrant denial of bail.

Summary

Mira Devi, the mother‑in‑law of the deceased Soni Devi, filed a petition for regular bail in a case registered under sections 103(1), 238 and 61(2) of the Bihar Negotiable Instruments Act. The prosecution alleged that the in‑laws, including the petitioner, were involved in the dowry‑related murder of Soni Devi. The petitioner contended that she is innocent, has no criminal antecedent, and that the death was due to illness, with the primary accused being the husband who is already in custody. The State opposed the bail on the ground of the serious nature of the allegations. After hearing both sides, the court found the petitioner's claim of innocence credible and considered her lack of prior record, granting her regular bail on condition of a bond and sureties. The order directed her release in connection with the Korha P.S. case No. 103 of 2025.

Issues considered

  • Whether the petitioner is entitled to regular bail under sections 103(1), 238 and 61(2) of the Bihar Negotiable Instruments Act.
  • Whether the seriousness of the dowry‑death allegations justifies denial of bail.

Legislation cited

Subjects

  • regular bail
  • dowry death
  • criminal antecedent
  • Bihar Negotiable Instruments Act
  • sections 103, 238, 61

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.13847 of 2026
                        Arising Out of PS. Case No.-103 Year-2025 Thana- KORHA District- Katihar
                 ======================================================
                 Mira Devi Wife of Dinesh Mehta Resident of village- Chethariyapir, Ward no
                 15, PS- Korha, Distt- Katihar

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Sanjeev Kumar Singh, Advocate
                 For the Opposite Party/s :        Mr. Sanjay Kr. Pandey, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                       ORAL ORDER

2   13-03-2026                     Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. The petitioner has prayed for regular bail in a case

                   registered for the offence punishable under sections 103(1), 238

                   and 61(2) of BNS.

                                3. The case of the prosecution is that the informant is

                   the I.O. of U.D. Case No. 4 of 2024. During course of

                   investigation, he came to know that the deceased Soni Devi was

                   married to one Brajesh Mehta and thereafter she was tortured by

                   her in-laws for the non-fulfillment of dowry demand. It is

                   alleged that all the in-laws have committed murder of the

                   deceased.

                                4. Learned counsel for the petitioner submits that the

                   petitioner is innocent and has committed no offence. Learned
            Patna High Court CR. MISC. No.13847 of 2026(2) dt.13-03-2026
                                                        2/2




                      counsel for the petitioner has submitted that actually, the

                      deceased was ill and has died due to illness. The petitioner is

                      mother-in-law of the deceased and the main thrust of allegation

                      is against the husband of the deceased who is already in judicial

                      custody. A statement has been made in para-3 of this petition

                      that the petitioner has got no criminal antecedent. Moreover, she

                      is languishing in judicial custody since 08.09.2025.

                                   5. Learned APP appearing for the State has

                      vehemently opposed the prayer of regular bail.

                                   6. Having heard learned counsel for the parties and

                      considering the facts and circumstances of the case, this court is

                      inclined to enlarge the petitioner on bail. The above named

                      petitioner is directed to be released on bail in connection with

                      Korha P.S. Case No. 103 of 2025 on furnishing bail bond of

                      Rs.10,000/- (ten thousand) with two sureties of the like amount

                      each to the satisfaction of learned Chief Judicial Magistrate,

                      Katihar.



                                            (Ashok Kumar Pandey, J)
shubham/-

U     T


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

Lawyer court records for this case

Associated through the court’s case reference.

For a signed copy suitable for filing, refer to the court's website.