Patna High Court
Tetri DeviversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SONI SHRIVASTAVA
Holding
Given the filing of a charge‑sheet, the general nature of the allegations, and the grant of bail to similarly situated co‑accused, the Court held that Tetri Devi is entitled to bail subject to bond and conditions.
Summary
The petitioners, Tetri Devi and Ruby Devi, were charged under Sections 304B and 34 of the Indian Penal Code for the alleged dowry‑related murder of a daughter of an informant. Tetri Devi, the mother‑in‑law of the deceased, contended that she lived separately and had no involvement in the crime, and pointed out that co‑accused persons, including the husband and father‑in‑law, had already been granted bail by this Court. The State opposed bail, relying on the FIR allegations. The Court noted the general and omnibus nature of the allegations, the filing of a charge‑sheet, and the precedent of bail being granted to similarly situated co‑accused. Accordingly, the Court ordered that Tetri Devi be released on bail upon furnishing a bond of Rs 10,000 with two sureties and the condition of personal appearance in court. The order was pronounced by Justice Soni Shrivastava.
Issues considered
- Whether the petitioner is entitled to bail despite being charged under Sections 304B and 34 IPC for a dowry‑related death.
- Whether the grant of bail to similarly situated co‑accused influences the bail decision for the petitioner.
Legislation cited
- Indian Penal Code — s. 304B, 34
Subjects
- bail
- dowry death
- IPC 304B
- Section 34
- mother-in-law
- criminal procedure
- charge sheet
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.81724 of 2025
Arising Out of PS. Case No.-26 Year-2014 Thana- TARABARI District- Araria
======================================================
1. Tetri Devi Wife of Kripanand Mandal @ Bauku Mandal Resident Of
Village- Sukhsena, Ward No 14, PS- Tarabari District- Araria
2. Ruby Devi Wife of Lala Mandal Resident Of Village- Sukhsena, Ward No
14, PS- Tarabari District- Araria
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Gopal Kumar Jha, Advocate
For the Opposite Party/s : Ms. Sangeeta Sharma, APP
======================================================
CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
ORAL ORDER
3 18-02-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail in a case registered for
the offence punishable under Sections 304B/34 of the Indian
Penal Code.
3. As per the prosecution case, the petitioner along
with other co-accused persons are alleged to have killed the
daughter of the informant due to non-fulfillment of demand of
dowry.
4. The learned counsel for the petitioner submits, at
the outset, that the petitioner is mother-in-law of the deceased,
who was living separately and had got no concern with the
Patna High Court CR. MISC. No.81724 of 2025(3) dt.18-02-2026
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affairs of the deceased. Further, the First Information Report
itself discloses that a telephonic message was received by the
informant and upon such information, he rushed to the
matrimonial house of the daughter where he found his daughter
lying dead. Further submission is that the husband of the
deceased has already been granted anticipatory bail by a Co-
ordinate Bench of this Court vide order dated 05.11.2025
passed in Cr. Misc. No.37246 of 2025 and other similarly
situated co-accused persons including the father-in-law of the
deceased have also been granted the privilege of bail by a Co-
ordinate Bench of this Court vide order dated 04.11.2020
passed in Cr. Misc. No.24082 of 2020. The petitioner is in
custody since 07.08.2025 and on similar allegations, the
petitioner no.2, Ruby Devi was granted bail by an order dated
22.12.2025.
5. Learned APP for the State opposed the grant of
bail on the basis of allegations made in the First Information
Report.
6. Taking into consideration the facts and
circumstances and also considering the general and omnibus
nature of allegations against the petitioner, who is mother-in-
law, staying separately from the deceased, coupled with the fact
that after her custody, charge-sheet has been submitted and also
considering the fact that similarly situated co-accused persons
Patna High Court CR. MISC. No.81724 of 2025(3) dt.18-02-2026
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have already been granted the privilege of bail by a Co-
ordinate Bench of this Court, let the above named petitioner
no.1, namely Tetri Devi, be released on bail on furnishing bail
bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties
of the like amount each to the satisfaction of the learned J.M.
1st Class, Araria/concerned Court below in connection with
Tarabari P.S. Case No. 26 of 2014 subject to condition that:-
(i) The petitioner shall remain physically
present in court on each and every date during proceedings of
the case, failing which the learned Court concerned would be
at liberty to cancel the bail bonds and take all coercive
measures.
(Soni Shrivastava, J)
anand/-
U T
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