Mithilesh Kumar Sinha v. The State Of Bihar Through The Principal Secretary, Home Department, Govt. Of Bihar, Patna

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Writ Jurisdiction Case No.231 of 2024 Arising Out of PS. Case No.-405 Year-2023 Thana- KADAMKUAN District- Patna ====================================================== Mithilesh Kumar Sinha Son Of Babu Lal Prasad Verma Resident Of Flat No.Be/1, Tribhuvan Bharatpura Estate, Jagat Narayan Road, P.S. And P.O. - Kadamkuan, District - Patna ... ... Petitioner/s

Versus

1.

The State Of Bihar Through The Principal Secretary, Home Department, Govt. Of Bihar, Patna Bihar 2.

The Senior Superintendent Of Police, Patna Bihar 3.

The M.D. Jana Small Finance Bank, Koramangola 100 Feet Road, Fairway Business Park, Bengaluru, Karnataka 4.

The Branch Manager, Jana Small Finance Bank Arya Kumar Road, Rajendra Nagar, Patna 5.

The S.H.O. Kadamkuan P.S., Patna Bihar 6.

The Superintendent, Cyber Investigation Cell, Patna Bihar ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Vijaya Laxmi Srivastawa For the Respondent/s :

S.C.8 ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 08-05-2025 Heard learned counsel for the petitioner and learned counsel for the State.

2. The present application has been filed for the following reliefs:- (i) For issuing a direction upon the respondents to investigate the case in fair manner and also for directing the police officials to arrest the accused persons for which the FIR has been lodged vide

Patna High Court CR. WJC No.231 of 2024(5) dt.08-05-2025 2/3 Kadamkuan P.S. Case No.405 of 2023 dated 08.07.012 under Sections 379, 420, 406 of the Indian Penal Code and also filed a complaint in the office of Cyber Crime Investigation Cell, Patna.

(ii) For commanding the respondent authority to ensure to refund of Rs.18,50,000/- which was fraudulently withdrawn from the petitioner's Bank Account No.4504010030061949 which was fixed in Jana Small Finance Bank, Arya Kumar Road, Patna for which the aforesaid bank is liable to safely keep the money of the investor.

(iii) For commanding the respondent authority to take appropriate legal action against the cyber criminals who have withdrawn the said money.

(iv) For any other relief to which the petitioner is found entitled to in the facts of the case.

3. The S.H.O. of Kadamkuan Police Station has appeared personally to assist the Court.

4. From the records it appears that this is a case of Cyber fraud, therefore, the S.H.O. of Kadamkuan Police Station is directed to take steps for transfer of this case from Kadamkuan Police Station to Cyber Police Station.

Patna High Court CR. WJC No.231 of 2024(5) dt.08-05-2025 3/3

5. With the aforesaid direction, this application stands disposed off.

(Sandeep Kumar, J) shikha/- U