Gujarva Devi Vs The State of Bihar — Patna HC (2026) — LawSathi Research

Gujarva Devi Vs The State of Bihar — Patna HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Regular bail granted; petitioner to be released on furnishing bail bonds of Rs. 15,000/- (Fifteen Thousand) with two sureties of the like amount each to the satisfaction of the Court below/concerned Court in connection with Sitamarhi P.S. Case No. 139 of 2025.

Issue for consideration

Whether the petitioner, Gujarva Devi, is entitled to be released on bail in connection with Sitamarhi P.S. Case No. 139 of 2025, instituted for offences under Sections 191(2), 190, 74, 108 & 352 of the Bharatiya Nyaya Sanhita, 2023.

Court's answer

Bail granted to the petitioner having regard to the facts and circumstances of the case, the period of custody, the absence of any specific allegation against the petitioner, and the parity claim based on co-accused already enlarged on anticipatory bail.

Ratio / Principle

Petitioner directed to be released on bail on furnishing bail bonds of Rs. 15,000/- with two sureties of the like amount each to the satisfaction of the Court below in connection with Sitamarhi P.S. Case No. 139 of 2025.

Detailed headnote1 paragraphs

Bail granted. The Patna High Court (Rudra Prakash Mishra, J.) allowed the bail application of Gujarva Devi in Criminal Miscellaneous No. 7792 of 2026, arising out of Sitamarhi P.S. Case No. 139 of 2025 (District Nawada) instituted under Sections 191(2), 190, 74, 108 & 352 of the Bharatiya Nyaya Sanhita, 2023. The prosecution alleged that the accused persons, including the petitioner, abused the informant's daughter; co-accused Ramanand Chauhan caught hold of her and co-accused Pankaj Kumar committed indecent behaviour, whereafter she consumed poison and died during treatment. Granting bail, the Court relied on the petitioner's custody since 29.12.2025, the disclosure of no criminal antecedents, the absence of any specific allegation against the petitioner (the allegations being general and omnibus, with the specific allegation attributed to co-accused Pankaj Kumar), and parity with similarly situated co-accused who had been enlarged on anticipatory bail by a Co-ordinate Bench vide order dated 23.02.2026 in Cr. Misc. No. 8513 of 2026. Release was directed on bail bonds of Rs. 15,000/- with two sureties of the like amount each.

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.

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.

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.

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.

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.

Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.

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.

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