Rubi Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.12761 of 2025 Arising Out of PS. Case No.-77 Year-2024 Thana- Cyber P.S. District- Lakhisarai ====================================================== 1.
Rubi Devi W/o Rinku Mandal R/o Village- Mohagay, Police Station- Batiya, District - Jamui 2.
Rinku Mandal S/o Jageshwar Mandal R/o Village- Mohagay, Police StationBatiya, District - Jamui ... ... Petitioner/s
Versus
1.
The State of Bihar 2.
Ajit Kumar Resident of village- Pipariya PS - Lakhisarai Distt - Lakhisarai. ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 23483 of 2025 Arising Out of PS. Case No.-77 Year-2024 Thana- Cyber P.S. District- Lakhisarai ====================================================== Balram Mandal @ Balram Kumar S/o Umesh Mandal R/o Budhi Khar, PS.- Jhajha, District- Jamui ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
(In CRIMINAL MISCELLANEOUS No. 12761 of 2025) For the Petitioner/s :
Mr. Ajay Mukherjee, Adv.
For the Opposite Party/s :
Mr. Suresh Prasad Singh, APP (In CRIMINAL MISCELLANEOUS No. 23483 of 2025) For the Petitioner/s :
Mr. Pramod Kumar, Adv.
For the Opposite Party/s :
Mr. Tarkeshwar Nath Thakur, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 14-07-2025 Heard learned counsel for the petitioner and learned APP for the State as also learned counsel for the Informant in both the cases. Perused the case diary.
2. The petitioners seek bail in connection with Cyber
2/5 P.S. Case No. 77 of 2024 instituted for the offences under Sections 318(4), 319, 336(3), 338 of the Bhartiya Nyaya Sanhita and Section 66(C), 66(D) of the I.T. Act.
3. As per prosecution case, the informant has been defrauded of Rs. 8,70,000/- by a person using mobile number 7908369325. The caller, posing himself as a G.S.T. Official from Kolkata, offered a car in an auction. The Complainant made multiple UPI and bank transfers in between 27th-28th October, 2024, totaling Rs. 8,70,000/-. It is alleged that the caller later became unreachable and the car was also not delivered to the Informant.
4. Learned counsel for the petitioners submits that the petitioners are innocent and have committed no offence at all as alleged against them rather they have falsely been implicated in the present case merely on the basis of suspicion. It is further submitted that both the petitioners in Cr. Misc. No. 12761 of 2025 are wife and husband and the petitioner Rubi Devi is the alleged account holder. It is further submitted that the petitioner Balram Mandal is not named in the F.I.R. and has been made accused in this case on the basis of the confessional statement of the petitioner Rubi Devi recorded before the police. The alleged mobile number belongs to the petitioner Balram Mandal. The
3/5 petitioners Rubi Devi and Rinku Mandal have no criminal antecedent and are languishing in judicial custody since 18.11.2024 whereas the petitioner Balram Mandal has three criminal antecedents and is in custody since 07.12.2024. Charge-sheet has been submitted in this case.
5. At this stage, learned counsel, appearing on behalf of the petitioners in both the cases, jointly submit that the petitioners are ready to pay the disputed amount of Rs. 8,70,000/- to the Informant, if they are granted bail by this Court.
6. Learned counsel for the Informant has raised no objection to such submissions made on behalf of the petitioners. Counsel for the State has also no objection.
7. Having heard rival contention of both the parties and considering the submissions/offer made by the learned counsel for the petitioners, let the petitioners, abovenamed, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Cyber P.S. Case No. 77 of 2024, subject to the following conditions;
(i) The petitioner Balram Mandal @ Balram Kumar
4/5 (petitioner in Cr. Misc. No. 23483 of 2025) will pay an amount of Rs. 6,00,000/- by way of draft to the Informant at the time of furnishing of bail bonds and rest of the amount i.e. Rs. 2,70,000/- will be paid by the petitioners Rubi Devi and Rinku Mandal (petitioners in Cr. Misc. No. 12761 of 2025) to the Informant within a period of two months after they are released on bail.
(ii) One of the bailor(s) shall be the own/close family members of the petitioners.
(iii) The petitioners shall cooperate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by the Court and, in the event of failure on two consecutive dates without sufficient reasons, their bail bonds shall be liable to be cancelled by the court below.
(iv) If the petitioners tamper with the evidence or the witnesses of the case by intimidating/pressurizing the witnesses, during the investigation or trial, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioners. (v) The amount so given to the Informant shall remain subject to final outcome of the case.
(vi) In non-compliance of any of the terms and
5/5 conditions, stated herein above, their bail bonds shall be liable to be cancelled by the court below.
(Rudra Prakash Mishra, J) rishi/- U T