Mithilesh Devi @ Mithileshiya Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.34081 of 2026 Arising Out of PS. Case No.-392 Year-2024 Thana- SONBERSA District- Sitamarhi ====================================================== Mithilesh Devi @ Mithileshiya Devi S/o Binod Paswan, Resident of Village - Narkatiyan, P.S.- Sonbarsa, Dist - Sitamarhi. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner :
Mr. Ashok Kumar Jha, Advocate For the State :
Mr. Jharkhandi Upadhyay, APP For the Informant :
Mr. Uday Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE ANSUL ORAL ORDER 20-05-2026 The matter was heard via video conferencing mode.
2. Heard learned counsel for the petitioner, learned counsel for the informant and the learned Additional Public Prosecutor for the State.
3. The petitioner seeks bail in connection with Sonbarsa P.S. Case No. 392 of 2024 registered for the offences punishable under Sections 80(2) and 3(5) of the B.N.S., 2023.
4. As per prosecution case, the daughter of the informant was subjected to torture and abuse by her in-laws over non-fulfillment of demand of dowry and on 04.12.2024, she was murdered by them.
5. Learned counsel for the petitioner submits that petitioner is innocent and she has falsely been implicated in the
Patna High Court CR. MISC. No.34081 of 2026(2) dt.20-05-2026 2/3 present case. The petitioner is mother-in-law of the deceased and the allegations levelled against her are general and omnibus. A similarly situated co-accused, who is the father-in-law of the deceased, has been granted bail by a co-ordinate Bench of this Court vide order dated 28.07.2025 passed in Cr. Misc. No. 26134 of 2025. Learned counsel lastly submits that petitioner has clean antecedent and she is in custody since 24.09.2025.
6. Learned Additional Public Prosecutor for the State as well as learned counsel for the informant has vehemently opposed the prayer for bail of the petitioner.
7. Considering the aforesaid facts and circumstances of the case and also considering petitioner's clean antecedent, her period of custody and grant of bail to a similarly situated co-accused, this Court is inclined to grant bail to the petitioner.
8. Accordingly, let the petitioner, above-named, be released on bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand Only) with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate 1st Class, Sitamarhi, in connection with Sonbarsa P.S. Case No. 392 of 2024.
9. It is made clear that any observation made herein
Patna High Court CR. MISC. No.34081 of 2026(2) dt.20-05-2026 3/3 is prima facie in nature and limited solely for the purpose of adjudication of the present bail application. Such observation shall not be construed as an expression on the merits of the case and shall not influence the trial or any other proceedings in any manner.
(Ansul, J) Shahnawaz/- U T