Patna High Court
Guriya DeviversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJIV ROY
Holding
The Court granted anticipatory bail to the petitioners with conditions, finding the allegations against them to be omnibus and not substantiated.
Summary
The petitioners, Guriya Devi and Savita Devi, wives of accused men, sought anticipatory bail fearing arrest in a case (PS Marhowrah Case No. 776 of 2025) filed under Sections 103, 109, 115(2), 126(2), 351(2), 352 and 3(5) of the BNS. The FIR alleged that a marriage ceremony turned violent, with Shivdayal Mahto assaulting a lady dancer and, together with Dini Mahto and Ramdayal Mahto, assaulting the informant’s brother; the petitioners were said to have merely participated because of their husbands. The petitioners argued they had no direct role and the allegations against them were merely omnibus. The State contended that an assault allegation was also made against them. The Court, noting the lack of specific participation, the petitioners' clean record, and the husbands already in custody, granted anticipatory bail with stringent conditions under Section 438(2) of the Cr.P.C.
Issues considered
- Whether the petitioners can be granted anticipatory bail despite omnibus allegations of participation in the assault.
- Whether the presence of an alleged assault charge against the petitioners warrants denial of bail.
Legislation cited
- Bihar Negotiable Substances Act — s. 103, 109, 115(2), 126(2), 3(5), 351(2), 352
- Criminal Procedure Code — s. 438(2)
Subjects
- anticipatory bail
- omnibus allegations
- Section 438 Cr.P.C.
- bail conditions
- women defendants
- assault
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.34591 of 2026
Arising Out of PS. Case No.-776 Year-2025 Thana- MADHAURAH District- Saran
======================================================
1. Guriya Devi W/o Dini Mahto Resident of Village- Bhawalpur, PS-
Marhowrah, Distt.- Saran
2. Savita Devi @ Kabita Kumari W/o Ramdayal Mahto Resident of Village-
Bhawalpur, PS- Marhowrah, Distt.- Saran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Ms. Swarnima, Adv.
For the Opposite Party/s : Mr. Shyam Bihari Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
2 19-05-2026 1. Heard the parties through virtual mode.
2. The petitioners are apprehending their arrest in
connection with Marhowrah (Madhaura) P.S. Case No. 776 of
2025 instituted under Sections 103, 109, 115(2), 126(2), 351(2),
352, 3(5) of the BNS.
3. As per the prosecution story, the informant alleged
that a marriage was being solemnized at his place and an
orchestra party was called for. At that time, Shivdayal Mahto
allegedly misbehaved with a lady dancer. In opposition, it is
alleged that Shivdayal Mahto, Dini Mahto and Ramdayal Mahto
resorted to assault. These two petitioners, who are the wives of
Dini Mahto and Ramdayal Mahto, also participated in the
incident. The informant’s brother was killed and the body was
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thrown into the bushes. Further, Shivdayal Mahto also assaulted
the informant’s brother Vicky Kumar. This led to the FIR.
4. Learned counsel for the petitioners submits that
both the husbands, namely Dini Mahto and Ramdayal Mahto,
are under judicial custody, though Shivdayal Mahto is
absconding. These two petitioners are housewives having no
role to play in the alleged occurrence and have been implicated
only because their husbands are said to have participated in it.
5. A perusal of the FIR would show that Shivdayal
Mahto and Dini Mahto dragged the informant’s brother Rinku
Kumar, while Shivdayal Mahto allegedly outraged the modesty
of a lady dancer. Save and except omnibus allegations, no
specific role has been attributed to these two ladies.
6. Learned APP for the State opposes the prayer for
bail, submitting that though the allegations are omnibus in
nature, an allegation of assault is also attributed to these two
petitioners.
7. Considering the submissions of the parties, as also
the fact that the husbands are in custody and though a role has
been assigned to them, the allegations against these two
petitioners are omnibus in nature, they have no criminal
antecedent. In that background, this Court is inclined to grant
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them anticipatory bail with conditions.
8. Let the petitioners be released on bail in the event
of their arrest or surrender before the concerned court within a
period of four weeks from the receipt of this order, on furnishing
bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two
sureties of the like amount each in connection with Marhowrah
(Madhaura) P.S. Case No. 776 of 2025, to the satisfaction of the
learned Chief Judicial Magistrate, Saran, Chapra, subject to the
conditions laid down under Section 438(2) of the Cr.P.C. as also
other conditions.
(i) One of the bailors shall be a family
member/relative of the petitioners, who shall provide an official
document such as Aadhaar Card, Driving License, Voter ID, or
PAN Card, etc., to establish their bona fide;
(ii) the petitioners shall be appearing before the police
station as and when required for cooperating in the
investigation;
(iii) the petitioners shall appear on each and every
date before the Trial Court and failure to do so for two
consecutive dates without plausible reason shall entail
cancellation of their bail bond by the Trial Court itself;
(iv) the petitioners shall in no way try to induce or
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promise or threat the witnesses or tamper with the evidences,
failing which the State shall be at liberty to take steps for
cancellation of the bail bonds;
(v) the petitioners shall desist from committing any
criminal offence again, failing which the State shall be at liberty
to take steps for cancellation of their bail bonds.
(Rajiv Roy, J)
Nirmal/-
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