Mamta Devi @ Mamta Kumari vs The State Of Bihar on 11 July, 2025

Patna High Court – Orders

Mamta Devi @ Mamta Kumari vs The State Of Bihar on 11 July, 2025

Author: Rajesh Kumar Verma

Bench: Rajesh Kumar Verma

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.46034 of 2025
                        Arising Out of PS. Case No.-41 Year-2024 Thana- Cyber P.S. District- Buxar
                 ======================================================
                 Mamta Devi @ Mamta Kumari Wife of Abhiranjan Kumar @ Raviranjan
                 Kumar Resident of Village- Semariyan Dhansoi, P.S.-Dhansoin, Distt.- Buxar

                                                                                      ... ... Petitioner/s
                                                         Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s      :       Mr.Yogesh Chandra Verma, Sr.Advocate.
                                         :         Mr.Dr.Kamal Deo Sharma, Advocate
                 For the Opposite Party/s :        Ms.Rita Verma, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                       ORAL ORDER

2   11-07-2025

Heard Mr.Yogesh Chandra Verma, learned senior

counsel appearing for the petitioner and Ms.Rita Verma, learned

A.P.P. for the State.

2. The petitioner seeks bail, who is in custody since

09.03.2025 in connection with Buxar Cyber P.S. Case No. 41

of 2024, F.I.R. dated 25.10.2024 registered for the offence

punishable under Sections 406,419,420,467,468,471 of IPC and

Section 66(C),66(D) of the I.T.Act.

3. The prosecution case in short is that the petitioner

and co-accused, namely, Rinki Devi told various women of the

village that Prime Minister is giving Rs. 200/- per month to

women holding B.P.L. Cards. To take this advantage, all the

women of the village got a new SIM card in their names by
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giving their Aadhar card. The fee charged for getting the SIM

was also paid by the petitioner and co-accused, namely, Rinki

Devi. After this, the petitioner and co-accused, namely, Rinki

Devi again took the Aadhar Card of all the women and got

online accounts opened for 34 women in different banks and

ATM cards given by the banks were also kept by them. On

10.10.2024, the petitioner told the informant that her account

has been freezed due to technical issue and Rs. 13,000- from the

said account has also been freezed. It is alleged that the

petitioner demanded Rs. 10,000/- to withdraw Rs. 13,000/- from

the said account and also to get her account active. Later on, the

informant found that fraudulent transactions were being made

from her account. It is alleged that the petitioner and other

accused persons committed cyber fraud with the informant and

other women.

4. Learned senior counsel appearing for the petitioner

submits that as per allegation in the FIR, total transactions were

being made by the petitioner after getting the Sim change and

apart from that, the petitioner has also obtained for the

informant and other persons. Learned senior counsel for the

petitioner submits that the petitioner has clean antecedent. The

allegation as alleged in the FIR is false and fabricated. Although
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the petitioner also opened the bank account on the basis of the

assurance given by co-accused, namely, Rinki Devi and

petitioner has no role at all in the present crime in question and

she has been made accused in the present case merely on the

ground that she has pursued other persons to open the account.

The petitioner is in custody since 09.03.2025.

5. Learned APP for the State, on the other hand, has

vehemently opposed the prayer for bail of the petitioner and

submits that the petitioner named in the FIR and apart from that,

it appears from the FIR that she has participated in the present

crime in question and she has pursued other persons to open the

account.

6. Considering the aforesaid fact, petitioner has clean

antecedent and she also opened the account on the direction of

co-accused, namely, Rinki Devi, let the petitioner, above named,

be released on bail on furnishing bail bond of Rs.10,000/- (Ten

Thousand) with two sureties of the like amount each to the

satisfaction of learned Chief Judicial Magistrate, Buxar in

connection with Buxar Cyber P.S. Case No. 41 of 2024, with

the following conditions:-

(I) Petitioner shall co-operate in the trial and shall be

properly represented on each and every date fixed by the Court
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and shall remain physically present as directed by the Court and

on his/her absence on two consecutive dates without sufficient

reason, his/her bail bond shall be cancelled by the Court below.

(II) If the petitioner tampers with the evidence or the

witnesses, in that case, the prosecution will be at liberty to move

for cancellation of bail.

(III) And, further condition that the court below shall

verify the criminal antecedent of the petitioner and in case at

any stage, it is found that the petitioner has concealed his

criminal antecedent, the court below shall take step for

cancellation of bail bond of the petitioner. However, the

acceptance of bail bonds in terms of the above-mentioned order

shall not be delayed for purpose of or in the name of

verification.

(Rajesh Kumar Verma, J)
Nitesh/-

U          T