Patna High Court
Gujarva DeviversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
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
- Bharatiya Nyaya Sanhita, 2023 — s. 108, 190, 191(2), 352, 74
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
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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
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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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