Punam Devi @ Poonam Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.4771 of 2025 Arising Out of PS. Case No.-141 Year-2024 Thana- Cyber P.S. District- Aurangabad ====================================================== Punam Devi @ Poonam Devi, Female, aged about 30 years, W/o Santranjan Thakur, R/o Village- Tetrayin, P.S.- Simra, District- Aurangabad ... ... Petitioner
Versus
The State of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioner :
Mr. Ratneshwar Prasad, Advocate For the Opposite Party :
Mr. Bhanu Pratap Singh, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 27-02-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner seeks bail in connection with Aurangabad Cyber P.S. Case No. 141 of 2024 dated 06.12.2024 registered for the offences punishable under Sections 318(4), 319(2), 336(2), 336(3), 338, 303(2) of BNS and Sections 66(D) and 66(C) of the I.T. Act.
3. As per the prosecution case, the petitioner is alleged to have influenced the informant and other 40-42 women for work of Saree selling and got opened their accounts in India Post Payment Bank. Thereafter, she linked their accounts with fraudsters mobile number and the money was withdrawn from their accounts from different places. The informant came to
Patna High Court CR. MISC. No.4771 of 2025(2) dt.27-02-2025 2/3 know about the transactions by two persons who came in the village and told about the transactions. The informant alongwith other women visited the said India Post Payment Bank and came to know that the transactions have been done in their accounts and their accounts have been freezed. The informant further alleged that apart from her, 40-42 women accounts were also opened by the petitioner in India Post Payment Bank and she had cheated them under a planned conspiracy.
4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. It is submitted that how much amount has been cheated by the petitioner has not been mentioned in the F.I.R. The confessional statement of the petitioner has been recorded by the police which has got no evidentiary value in the eye of law. There is no independent witness and cogent evidence to support the prosecution case. It is further submitted that from perusal of the F.I.R., it appears that the petitioner has cheated the money from the informant and other ladies but no any other ladies or witness come forward to support the prosecution case. No incriminating article has been recovered from her possession. She has no concern with the alleged offence. The petitioner is a lady. The petitioner has two small children. The
Patna High Court CR. MISC. No.4771 of 2025(2) dt.27-02-2025 3/3 petitioner has clean antecedent as stated in paragraph no. 3 of the bail petition. She is in custody in this case since 07.12.2024.
5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.
6. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner, above named, is directed to be enlarged on bail on furnishing bail bond of Rs. 20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M. Aurangabad in connection with Aurangabad Cyber P.S. Case No. 141 of 2024 with further condition:- (I) The petitioner is directed to remain physically present before the learned court below on each and every date, failing which on two consecutive dates without reasonable cause, the bail bonds of the petitioner are liable to be cancelled.
7. The application stands allowed.
(Chandra Prakash Singh, J) U.K./- U T