Khushbu Kumari v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.81313 of 2023 Arising Out of PS. Case No.-8 Year-2023 Thana- ECONOMIC OFFENCES, BIHAR District- Patna ====================================================== Khushbu Kumari D/o- Late Manoj Yadav Village- Tikar P.S.- Atri Dist- Gaya ... ... Petitioner/s
Versus
1.
The State of Bihar 2.
Economic offence unit, Patna, Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Kishore Kunal, Advocate Mr. Sunny Kumar, Advocate For the Opposite Party/s :
Mr. Md. Fahimuddin, APP For the E.O.U.
:
Mr. V.N.P. Sinha, Sr. Advocate Mr. Vijay Anand, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 30-01-2024 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner seeks regular bail in connection with Economic Offence P.S. (Patna) Case No. 08 of 2023 for the offences registered under Sections 379, 420, 467 and 120(B) of the Indian Penal Code and Sections 66, 66(C), 66(D) of the I.T. Act.
3. As per the prosecution case, petitioner along with other co-accused persons are alleged to have withdrawn money from the account of the informant and other persons after hacking their mobile on the pretext of verification of election card after introducing herself as an Election Officer or B.L.O.
Patna High Court CR. MISC. No.81313 of 2023(4) dt.30-01-2024 2/3 The accused persons used to get downloaded 'Any Desk APP' and by taking OTP of the APP they used to hack the mobile of the persons and after installing UPI withdraw money from their accounts. They also cheated the person on the purchasing of the gold from E-Commerce company.
4. Learned counsel for the petitioner submits that petitioner is innocent and has been falsely implicated in this case. She has committed no offence. Petitioner has no criminal antecedent. Petitioner is a student. She is in custody since 03.02.2023. Charge-sheet has already been submitted in this case. It is further submitted that similarly situated co-accused persons, namely, Santosh Kumar, Umesh Das and Rohit Kumar @ Lallu @ Lalu Rai have already been granted bail by a Coordinate Bench of this Court, vide order dated 01.11.2023 passed in Cr. Misc. No. 67850 of 2023 and order dated 22.01.2024 passed in Cr. Misc. No. 79308 of 2023, respectively.
5. Learned counsel appearing on behalf of the State and Economic Offence Unit, Patna oppose the prayer for grant of bail to the petitioner.
6. Considering the submissions made on behalf of the parties, facts and circumstances of the case and period of custody, let the petitioner, named above, be enlarged on bail
Patna High Court CR. MISC. No.81313 of 2023(4) dt.30-01-2024 3/3 upon furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned concerned Court where the case is pending in connection with Economic Offence P.S. (Patna) Case No. 08 of 2023.
(Sunil Dutta Mishra, J) rakhi/- U T