Himanshu Kumar Tiwari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.61991 of 2024 Arising Out of PS. Case No.-44 Year-2023 Thana- Cyber P.S. District- Gaya ====================================================== Himanshu Kumar Tiwari Son of Manoj Tiwari @ Manoj Kumar Tiwari Resident of village - Dumari Buzurg, P.S.- Nayagaon, District - Saran at Chhapra.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ajay Kumar Sharma, Advocate For the State :

Ms. Gulnar Begum, A.P.P.

For the Informant :

Mr. Chhotelal Mishra, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 17-09-2024 Heard learned counsel for the petitioner, informant and the State.

2. Petitioner apprehends arrest in a case registered for the offences punishable under Sections 379, 419, 420 of the Indian Penal Code and Sections 66(c) and 66(D) of the Information Technology Act.

3. According to F.I.R., allegation against the petitioner is that he cheated informant through cybercrime to the tune of Rs. 3,310/-.

4. Learned counsel for the petitioner submits that petitioner is innocent and has committed no offence. He further submits that as soon as petitioner came to know about the incident, he immediately transferred the entire alleged amount

Patna High Court CR. MISC. No.61991 of 2024(2) dt.17-09-2024 2/2 in the bank account of informant and in support he has annexed copy of the transaction receipt vide Annexure-3 to the instant application. Petitioner claims clean antecedent.

5. Learned A.P.P. for the State as well as learned counsel for the informant vehemently opposed the bail application.

6. Considering the aforesaid facts and circumstances of the case and clean antecedent, this anticipatory bail is allowed and it is ordered that let the above named petitioner in the event of his arrest/surrender before the court below within a period of eight weeks from today, be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Gaya in connection with Gaya Cyber P. S. Case No. 44 of 2023, subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure. (Prabhat Kumar Singh, J) Navya/- U T