Patna High Court
Nisha @ Nisha Devi @ Nisha Kumari @ M. NishaversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
Holding
The court held that, on a prima facie basis, there is no evidence linking the petitioner to the alleged monetary transactions and therefore granted bail.
Summary
The petitioner, Nisha Devi, was named in an FIR for alleged cheating involving the distribution of nude videos and monetary fraud amounting to Rs. 17 lakh, under Sections 303(2), 318(4) and 3(5) of the BNS. She contended that no bank transactions were made in her name and that she was implicated solely because she is the wife of a co‑accused. The informant’s counsel argued that the petitioner was actively involved in the offence. The court examined the bank statements and found no prima facie evidence linking the petitioner to the transactions, noting her clean antecedent. Consequently, the court ordered her release on bail with a bond of Rs. 10,000 and two sureties, subject to conditions under Section 482(2) of the BNSS.
Issues considered
- Whether the FIR and the material on record establish a prima facie case against the petitioner sufficient to deny bail.
- Whether the absence of any bank transaction in the petitioner’s name negates her alleged participation in the cheating offence.
- Whether Section 482(2) of the BNSS can be invoked to grant bail in the present circumstances.
Legislation cited
Subjects
- bail
- cheating
- cyber fraud
- nude videos
- prima facie
- clean antecedent
- Section 482
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.39527 of 2025
Arising Out of PS. Case No.-84 Year-2025 Thana- KARAHGAR District- Rohtas
======================================================
Nisha @ Nisha Devi @ Nisha Kumari @ M. Nisha W/o- Pramod Kumar
Tiwari Resident of Village - Harinarayanpur, P.S. - Kargahar, District - Rohtas
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Bijay Prakash Singh, Adv.
For the Opposite Party/s : Mr. Shantanu Kumar, Adv.
For the Informant : Ms. Nandini Kumari, Adv.
Mr. Siddharath Harsh, Adv.
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL ORDER
5 10-02-2026 Heard the parties.
2. The petitioner is named in the F.I.R. and
apprehending her arrest in connection with Kargahar P.S.
Case No. 84 of 2025 registered for the offences
punishable under Sections 303(2), 318(4), 3(5) of BNS.
3. As per FIR, informant was cheated by named
co-accused persons including petitioner and others after
sending nude videos and cheated informant on different
occasions for amount raising between Rs. 4,000/- to Rs.
40,000/- i.e., total of Rs. 17 lakhs.
4. It is submitted by learned counsel appearing
Patna High Court CR. MISC. No.39527 of 2025(5) dt.10-02-2026
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on behalf of the petitioner that the alleged monetary
transactions was not made with this petitioner and her
mobile number also not appears used in alleged
transactions or found connected in any manner. It is
submitted that the petitioner was implicated only for the
reason that she is the wife of co-accused Pramod Kr.
Tiwari. In support of his submission learned counsel
drawn attention towards bank statement qua monetary
transactions which are available in para no. 53 and 54 of
the case diary, where none of the transactions appears to
be made in the name of this petitioner. While concluding
arguments, it is submitted that petitioner is a lady of
clean antecedent.
5 Learned APP duly assisted by Ms. Nandini
Kumari learned counsel for the informant while opposing
the prayer of bail submitted that petitioner was actively
involved in the occurrence.
6. In view of aforesaid factual submission and
by taking note of fact as alleged monetary transactions
Patna High Court CR. MISC. No.39527 of 2025(5) dt.10-02-2026
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prima-facie not appears to be made with petitioner who is
a lady of clean antecedent, accordingly petitioner above-
named, in the event of her arrest or surrender before the
court below within a period of four weeks, is directed to
be released on bail, furnishing bail bond of Rs. 10,000/-
(Rupees Ten Thousand) with two sureties of the like
amount each to the satisfaction of the learned Sub Judge
XII cum ACJM, Rohtas at Sasaram /concerned Court,
where the case is pending in connection with Kargahar
P.S. Case No. 84 of 2025, subject to the conditions as
laid down under Section 482(2) of BNSS.
(Chandra Shekhar Jha, J)
Sudha/-
U T
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