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Patna High Court

Tukiya Devi @ Rukiya Devi @ Tuko DeviversusThe State of Bihar

Decided
Disposal
DISMISSED

Holding

Bail was denied because the petitioner was deemed an absconder and the offences were serious.

Summary

Tukiya Devi applied for bail in a case registered under Sections 328, 302, 201 and 34 of the Indian Penal Code, alleging she killed her husband's first wife. She has been in custody since 5 September 2025. Her counsel argued that the dispute with the informant had been settled and a related application was filed in the lower court. The court examined the seriousness of the charges and noted that the petitioner was an absconder. Considering the nature of the offences and the alleged absconding, the court declined to grant bail and dismissed the application.

Issues considered

  • Whether bail should be granted to an accused of murder, attempted murder and offences under Sections 201/34 of the IPC.
  • Whether a settlement with the informant influences the grant of bail.

Legislation cited

Subjects

  • bail
  • murder
  • IPC
  • absconding
  • settlement
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.88363 of 2025
                      Arising Out of PS. Case No.-12 Year-2001 Thana- MATIHANI District- Begusarai
                 ======================================================
                 Tukiya Devi @ Rukiya Devi @ Tuko Devi W/o- Bipin Singh Resident of
                 Village- Baburbanni Sihma, Ward No.6, P.S.- Matihani, Dist- Begusarai

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr.Ashok Kumar Jha
                 For the Opposite Party/s :        Mr.Akshay Lal Pandit
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

4   24-03-2026                    Heard the parties.

                                2. The petitioner seeks bail in connection with

                   Matihani P.S. Case No. 12 of 2001 registered for the offence

                   under Sections 328, 302, 201/34 of the Indian Penal Code.

                                3. As per the prosecution case, the petitioner is

                   accused of killing the first wife of her husband.

                                4. The petitioner is in custody since 5.9.2025.

                                5. It has been submitted by the learned counsel for the

                   petitioner that the petitioner and the informant have settled the

                   disputes and to this effect, an application has also been filed in

                   the Court below.

                                6. From the records of the case, it appears that the

                   petitioner is an absconder and considering the same, this Court

                   is not inclined to grant bail to the petitioner.
          Patna High Court CR. MISC. No.88363 of 2025(4) dt.24-03-2026
                                                      2/2




                                 7. Accordingly, this application stands dismissed.



                                                              (Sandeep Kumar, J)
Vikas/-

U


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