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Patna High Court

Guriya DeviversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
Patna High Court CR. MISC. No.34591 of 2026(2) dt.19-05-2026
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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
Patna High Court CR. MISC. No.34591 of 2026(2) dt.19-05-2026
                                            3/4




          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
           Patna High Court CR. MISC. No.34591 of 2026(2) dt.19-05-2026
                                                       4/4




                     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/-

U      T


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