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Patna High Court

Gujarva DeviversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court held that bail should be granted to the petitioner on the basis of lack of specific allegation, parity with co‑accused and the circumstances of custody.

Summary

Gujarva Devi, the petitioner, applied for bail in a case (Sitamarhi P.S. Case No. 139 of 2025) involving alleged offences under Sections 191(2), 190, 74, 108 and 352 of the Bharatiya Nyaya Sanhita, 2023. The prosecution alleged that the petitioner and co‑accused abused and tortured the informant's daughter, leading to her death. The petitioner contended that she has no prior criminal record, was falsely implicated, and that the FIR contains only a general, omnibus allegation against her, unlike the specific charges against co‑accused Pankaj Kumar. She also relied on a recent order granting anticipatory bail to similarly situated co‑accused in Cr. Misc. No. 8513 of 2026. The State opposed bail. Considering the lack of specific allegation, the petitioner’s custody since 29‑12‑2025, and the principle of parity, the Court granted bail on a bond of Rs. 15,000 with two sureties.

Issues considered

  • Whether bail should be granted to the petitioner despite the serious nature of the offences alleged under the Bharatiya Nyaya Sanhita.
  • Whether the absence of a specific allegation against the petitioner and the principle of parity with co‑accused who obtained anticipatory bail justify granting bail.

Legislation cited

Subjects

  • bail
  • false implication
  • parity
  • Bharatiya Nyaya Sanhita
  • anticipatory bail
  • criminal assault
  • Indian criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                CRIMINAL MISCELLANEOUS No.7792 of 2026
                     Arising Out of PS. Case No.-139 Year-2025 Thana- SITAMARHI District- Nawada
                 ======================================================
                 Gujarva Devi W/O Chhotelal Chauhan R/O Village- Lakhaura East Beldaria,
                 P.S - Sitamarhi, District - Nawadah.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Arun Kumar, Advocate
                 For the Opposite Party/s :      Mr. Jitendra Kumar Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                 MISHRA
                                       ORAL ORDER

2   09-03-2026             Heard learned counsel for the petitioner and learned APP

                   for the State.

                           2.       The petitioner seeks bail in connection with

                   Sitamarhi P.S. Case No. 139 of 2025 instituted for the offence

                   under Sections 191(2), 190, 74, 108 & 352 of the Bharatiya

                   Nyaya Sanhita, 2023.

                           3.       Prosecution case, in short, is that all the accused

                   persons, including the petitioner came at the house of informant

                   and started abusing the daughter of the informant. It is further

                   alleged that co-accused, Ramanand Chauhan caught hold of her

                   and co-accused, Pankaj Kumar committed indecent behaviour

                   with her and thereafter, all of them tortured the daughter of

                   informant to such an extent that she consumed poison to save
Patna High Court CR. MISC. No.7792 of 2026(2) dt.09-03-2026
                                            2/3




          herself from them. Later on, in course of treatment, she died.

                  4.      It has been submitted on behalf of the petitioner

          that the petitioner is in custody since 29.12.2025. Petitioner

          bears no criminal antecedents, as per disclosure made in

          paragraph No. 3 of the bail application.

                  5.      It has been further submitted by the petitioner’s

          counsel that petitioner has been falsely implicated in the present

          case. From perusal of the FIR, it would manifest that specific

          allegation is attributed to co-accused, Pankaj Kumar and there is

          no specific allegation against the petitioner, rather the same is

          general and omnibus in nature. Learned counsel for the

          petitioner mainly submits that similarly situated co-accused

          have been enlarged on anticipatory bail by a Co-ordinate Bench

          of this Court vide order dated 23.02.2026, passed in Cr. Misc.

          No. 8513 of 2026.

                  6.      Learned A.P.P. for the State has vehemently

          opposed the prayer for grant of bail to the petitioner.

                  7.      Considering the aforesaid facts and circumstances

          of the case, period of custody of the petitioner, there being no

          specific allegation against the petitioner and claim based on

          parity, this Court is inclined to grant bail to the petitioner.

                  8.      Let the petitioner be released on bail on furnishing
           Patna High Court CR. MISC. No.7792 of 2026(2) dt.09-03-2026
                                                       3/3




                     bail bonds of Rs. 15,000/- (Fifteen Thousand) with two sureties

                     of the like amount each to the satisfaction of Court

                     below/concerned Court in connection with Sitamarhi P.S. Case

                     No. 139 of 2025.



                                                                  (Rudra Prakash Mishra, J)
Raj Kishore/-

U      T


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