Patna High Court
Nirmala KulapattiversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SONI SHRIVASTAVA
Holding
Anticipatory bail was granted to the petitioner as there was no substantive evidence linking her to the alleged cyber offences and she had no criminal antecedent.
Summary
The petitioner, Nirmala Kulapatti, wife of co-accused Raushan Kumar Jha, applied for anticipatory bail in a cyber‑crime case where the FIR alleged offences under several sections of the Bihar Negotiable Substances Act and the Information Technology Act. The FIR named ten persons, but the only link to the petitioner was a statement by her husband that she was involved, with no material seized from her possession. The State opposed the bail, arguing the seriousness of the offences. The Court noted that the principal accused were already in custody, the petitioner had no prior criminal record, and the husband's allegation lacked evidentiary value. Consequently, the Court granted anticipatory bail subject to a cash bond, sureties and a condition of cooperation with the investigation.
Issues considered
- Whether anticipatory bail can be granted to a person named in an FIR solely on the basis of a co‑accused's statement without any material evidence.
- Whether the petitioner’s marital relationship with a co‑accused suffices to justify denial of bail.
Legislation cited
- Code of Criminal Procedure — s. 438(2)
- Information Technology Act — s. 66(C), 66(D)
Subjects
- anticipatory bail
- cyber crime
- Information Technology Act
- spousal liability
- bail conditions
- FIR
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.7452 of 2026
Arising Out of PS. Case No.-72 Year-2025 Thana- Cyber P.S. District- Darbhanga
======================================================
Nirmala Kulapatti W/o Roushan Jha @ Roushan Kumar Jha Resident of
Village - Balha, P.S.- Bahera, District - Darbhanga
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Saurav Anand, Advocate
For the Opposite Party/s : Mr. Rajiv Nayan, A.P.P.
======================================================
CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
ORAL ORDER
2 04-02-2026 Heard learned counsel for the petitioner and learned
A.P.P for the State.
2. The petitioner apprehends her arrest in a case
registered under Sections 111 (2), 111 (3), 318 (4), 319 (2), 336 (3),
337, 338, 339, 340 (2), 3 (5) of B.N.S and Section 66 (C) and 66 (D)
of the information Technology Act.
3. The present F.I.R has been lodged against ten named
and other unknown persons against whom there is an allegation of
committing cyber offence.
4. Learned counsel for the petitioner submits that it
would be evident from the First Information Report itself that the co-
accused Raushan Kumar Jha was arrested along with one Bittu and
recovery of some sim cards, power banks, Adhaar Cards and other
articles was made from the house of one Devanand Thakur and one
co-accused had revealed that all accused were part of the gang and
Patna High Court CR. MISC. No.7452 of 2026(2) dt.04-02-2026
2/3
engaged in cyber crime activities. It has been submitted on behalf of
the petitioner that she has been made an accused merely on the basis
of the fact that she happens to be the wife of the co-accused Raushan
Kumar Jha. However, no incriminating article has been recovered
from her conscious possession and she was never involved in any
business along with her husband. Her name features only in the First
Information Report in the form of a disclosure made by her husband
Raushan Kumar Jha that his wife was also involved in the said
offence. Barring such allegation, it is submitted that no other cogent
material has been collected against the petitioner to show her
complicity.
5. The application for anticipatory bail is opposed by
learned A. P.P. for the State.
6. Taking into consideration the facts and circumstances
and also considering the fact that the main accused persons Raushan
Kumar Jha and Bittu Kumar have already been taken into custody
and the present petitioner merely happens to be the wife of one of the
co-accused and her name has also appeared only upon disclosure
made by the arrested accused having no evidentiary value, let the
petitioner, having no criminal antecedent, in the event of her arrest or
surrender before the learned Court below within a period of four
weeks, be released on anticipatory bail in connection with Cyber P.S.
Case No. 72 of 2025 on furnishing bail bond of Rs.10,000/- (Rupees
Ten Thousand) with two sureties of the like amount each to the
Patna High Court CR. MISC. No.7452 of 2026(2) dt.04-02-2026
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satisfaction of the learned Court below where the case is pending
subject to the condition laid down under Section 438(2) of the Code
of Criminal Procedure/Section 482(2) of the B.N.S.S, 2023, subject
to further following condition:-
(i) However, it is directed that the petitioner would co-
operate in the investigation and would make herself available before
the police station as and when required and in case of any non-
cooperation at her end, the prosecution would be at liberty to get her
bail bond cancelled.
(Soni Shrivastava, J)
vashudha/-
U T
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