Patna High Court
Mira DeviversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
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
- Bihar Negotiable Instruments Act (BNS) — s. 103(1), 238, 61(2)
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
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