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 2/4 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. Nirmal/- (Rajiv Roy, J) U T