Amrita Kumari v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.34200 of 2024 Arising Out of PS. Case No.-10 Year-2023 Thana- Cyber P.S. District- Bhagalpur ====================================================== Amrita Kumari, Female, aged about 36 years, Wife of Ashutosh Kumar, Resident of Village - Near Bijli Grid, P.S. - Naugachia, District - Bhagalpur. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Satish Kumar Sinha, Advocate For the Opposite Party/s :
Mr. Madhura Nand Jha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 19-07-2024 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner seeks bail in connection with Cyber (Naugachia) P.S. Case No. 10 of 2023 instituted for the offences punishable under Sections 419,420,120 (B) of the Indian Penal Code and Section 66 C and 66 D of the Information Technology Act, 2000.
3. As per the allegation in the FIR, one Ashutosh Kumar came to the Bank to link his mobile number to his account which was already seized on the basis of complaint before the Cyber crime unit. It further transpires that the husband of the petitioner and the petitioner had several Bank accounts and during the last two months transaction of about Rs. 25,00,000/- (twenty five lacs) was done from their account by
Patna High Court CR. MISC. No.34200 of 2024(5) dt.19-07-2024 2/3 the petitioner and other co-accused persons.
4. Learned counsel for the petitioner submits that the petitioner is innocent has committed no offence and has falsely been implicated in this case due to local party politics. He further submits that the allegations against the petitioner is false, fabricated and concocted. He next submits that the petitioner is a lady and there is no any direct allegation of involvement of the petitioner in this occurrence. Nothing incriminating article has been recovered from the conscious possession of the petitioner. There is no any independent witness of the seizure list. He next submits that chargesheet has already been submitted in this case and there is no chance of absconding or tampering with the evidence. Petitioner has got no criminal antecedent as stated in para 3 of the petition is in custody since 16.01.2024.
5. Learned APP for the State vehemently opposed the prayer for bail of the petitioner and submitted that the money was transferred in her account.
6. Considering the aforesaid facts and circumstances of the case that petitioner is a lady, she is the wife of Ashutosh Kumar, there is no involvement of her in the alleged occurrence and considering the period of custody, the prayer for bail of the
Patna High Court CR. MISC. No.34200 of 2024(5) dt.19-07-2024 3/3 petitioner is allowed. Let the petitioner above named 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 the learned Additional Chief Judicial Magistrate-I, Naugachia, Bhagalpur in connection with Cyber (Naugachia) P.S. Case No. 10 of 2023.
(Ramesh Chand Malviya, J) Anand Kr.
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