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Patna High Court

Minta DeviversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Bail was granted to the petitioner subject to a bond and sureties under section 482(2) of the Bharatiya Nagarik Suraksha Sanhita.

Summary

Minta Devi, mother of a co-accused in a cyber‑crime case, filed a bail petition fearing arrest under sections 303(2), 319(2), 318(4) of the Bharatiya Nagarik Suraksha Sanhita and sections 66C, 66D of the Information Technology Act. She asserted that she had not committed any offence, had a clean antecedent, and was implicated only because of her familial relationship to the accused. The State opposed the bail. The Court considered her clean antecedent, the lack of direct evidence against her, and the circumstances of the case. It ordered that she be released on bail upon furnishing a bond of Rs 10,000 with two sureties of the same amount, subject to conditions under section 482(2) of the B.N.S. The bail was granted, and the petition was disposed.

Issues considered

  • Whether the petitioner is entitled to bail despite alleged involvement in offences under the B.N.S and IT Act.
  • Whether the petitioner’s clean antecedent and familial connection to the co‑accused justify granting bail.

Legislation cited

Subjects

  • bail
  • cyber crime
  • Information Technology Act
  • Bharatiya Nagarik Suraksha Sanhita
  • clean antecedent

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.2037 of 2026
                        Arising Out of PS. Case No.-49 Year-2025 Thana- Cyber P.S. District- Rohtas
                 ======================================================
                 Minta Devi W/o Janardan Choudhary Resident of Village- Dhanpurwa, P.S.-
                 Ara Nagar, District- Bhojpur

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :         Mr.Bhaskar Shankar
                 For the Opposite Party/s :         Mr.Raj Ballabh Singh
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

4   22-06-2026                          Heard learned counsel for the petitioner and the

                   State .

                                2. Petitioner apprehends his arrest in a case registered

                   for the offence punishable under sections                        303(2), 319(2),

                   318(4) of the B.N.S and Section 66 (C), 66(D) of I.T. Act.

                                3 . As per F.I.R. petitioner is alleged of being involved

                   in Cyber crime.

                                4. It is submitted on behalf of the petitioners that

                   petitioner is quite innocent and has not committed any offence.

                   He further submits that the petitioner has been made accused in

                   this case because she happens to be mother of the co-accused

                   Satish Kumar Chaudhary. Till date her involvement has not

                   come up. Moreover, co-accused Janardan Choudhary who

                   happens to be father of co-accused Satish Kumar Chaudhary has
          Patna High Court CR. MISC. No.2037 of 2026(4) dt.22-06-2026
                                                      2/2




                    already been granted bail by Co-ordinate Bench of this Hon’ble

                    Court vide order dated 09-04-2026 in Cr. Misc. No. 90935 of

                    2025. Petitioner claims clean antecedent.

                                 5 . Learned counsel for the State opposed the bail

                    petition .

                                  6 Considering the aforesaid facts, clean antecedent of

                    the petitioner and other circumstances of the case , in the event

                    of arrest or surrender within eight weeks from today, let the

                    petitioner, as named above, 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 the learned Chief Judicial

                    Magistrate, Sasaram (Rohtas) in connection with Rohtas

                    (Cyber) P.S. Case No. 49 of 2025, subject to the conditions laid

                    down under section 482(2) of the Bharatiya Nagarik Suraksha

                    Sanhita , 2023 .



                                          (Prabhat Kumar Singh, J)
Koushik/Alok
Raj-

U     T


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