Aparna Mistri v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.14354 of 2025 Arising Out of PS. Case No.-17 Year-2024 Thana- Cyber P.S. District- Arwal ====================================================== Aparna Mistri D/O of Prabir Mistri R/O- Station Road, Matla Canning Town, Canning- 1, South 24 Parganas, P.S.- Canning, District- South 24 Parganas, State- West Bengal, Pin Code- 743329 ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Rohit Mishra, Advocate For the Opposite Party/s :

Mrs. Rina Sinha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 31-07-2025 Heard learned counsel for the petitioner, learned APP for the State and perused the case diary.

2. The petitioner seeks bail in connection with Arwal Cyber P.S. Case No. 17 of 2024, instituted for the offences punishable under Sections 303(2) of the Bharatiya Nyaya Sanhita, 2023, read with Sections 66, 66(c), 66(d) of the I.T. Act, later on Sections 31, 41, 336(3), 338 and 61(2) of the Bharatiya Nyaya Sanhita, 2023 was added.

3. The prosecution case, in short, is that the informant lost his mobile phone which was linked to his bank account and later on the informant was duped of Rs. 60,000/-.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the

Patna High Court CR. MISC. No.14354 of 2025(4) dt.31-07-2025 2/3 present case. Charge-sheet has been submitted in this case. No incriminating material has been recovered from the conscious possession of the petitioner. Learned counsel for the petitioner also submits that the allegation levelled against the petitioner is not specific rather general and omnibus in nature. The petitioner is doing business of sale and purchase of rice and thus, in relation to the same, amounts are transferred from and in the account of the firm of the petitioner. It is further submitted that there is nothing on record to show that the petitioner has got transferred the alleged amount in her firm's account illegally. There is delay of eight days in lodging the FIR. The petitioner is a lady and is in custody since 19.12.2024 and has got no criminal antecedent.

5. Learned APP for the State has vehemently opposed the prayer for grant of bail to the petitioner.

6. Considering the aforesaid facts and circumstances of the case and taking into account the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.

7. Let the petitioner be released on bail after framing of charge, if not already framed on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like

Patna High Court CR. MISC. No.14354 of 2025(4) dt.31-07-2025 3/3 amount each to the satisfaction of Court below/concerned Court in connection with Arwal Cyber P.S. Case No. 17 of 2024, subject to the following conditions:

(I) One of the bailors shall be own/close member of the family of the petitioner.

(II) The petitioner shall appear on each and every date fixed at the trial. In case of default in such appearance on two consecutive dates, the Trial Court will have liberty to cancel the bail bonds of the petitioner.

(Rudra Prakash Mishra, J) Rajorshi/- U T