Taramani Kumari v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.81426 of 2023 Arising Out of PS. Case No.-54 Year-2023 Thana- DHANKUND District- Banka ====================================================== Taramani Kumari D/O Kapildeo Mandal R/O Village- Manjhali/Manjhli, P.SSultanganj, Distt.- Bhagalpur ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Balram Kapri, Advocate For the Opposite Party/s :
Mr. Kumar Ranjit Ranjan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 06-02-2024 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner seeks regular bail in connection with Dhankund P.S. Case No. 54 of 2023, registered for the offences punishable under Sections 379 and 420 of the Indian Penal Code and Sections 66 (C) and 66 (D) of the I.T. Act, 2000.
3. As per the prosecution case, on 30.03.2023 the wife and the daughter of the informant received a call on which they were told that they have won a lottery and if they recharge an
Patna High Court CR. MISC. No.81426 of 2023(3) dt.06-02-2024 2/3 amount of Rs. 199 to the mobile bearing no. 8102938035, they will receive a scooty and T.V. It is further alleged that to win the lottery, they will have to pay Rs. 16,500/- for formalities and in the same process, family members of the victim were also deceived and thus they became victim of cyber crime.
4. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. He further submits that the mobile used in the crime has not been recovered from the possession of the petitioner and the seized mobile number and passbook belongs to the petitioner, which are not used in the crime. He further submits that the FIR has been lodged after delay of one month and eight days without any plausible explanation. He also submits that the charge-sheet has already been submitted in this case against the petitioner and the petitioner is a young woman of 25 years having no criminal antecedent and she is in jail custody since 24.06.2023.
5. Learned APP for the State has opposed the prayer for regular bail of the petitioner.
6. Considering the facts and circumstances of the case and the submissions of learned counsel for the parties, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) with two sureties
Patna High Court CR. MISC. No.81426 of 2023(3) dt.06-02-2024 3/3 of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Banka or Concerned Court Below in connection with Dhankund P.S. Case No. 54 of 2023. (Sunil Dutta Mishra, J) ashishkr/- U T