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Patna High Court

Mamta KumariversusThe State of Bihar

Decided
Disposal
BAIL REJECTED

Holding

The Court held that anticipatory bail could not be granted as the petitioner was identified as the principal accused in the fraud investigation.

Summary

Mamta Kumari applied for anticipatory bail after being implicated in a cyber‑crime case (Case No. 180 of 2024) involving alleged fraud of Rs.12.16 lakh under Sections 379, 406, 201, 34 and 66(D) of the Information Technology Act, 2000. The petitioner claimed innocence, argued that no notice under Section 41 of the Criminal Procedure Code had been served, and highlighted her clean record and modest means. The State opposed bail, relying on the trial court’s findings and a case diary that identified the petitioner as the principal accused, with substantial amounts traced to bank accounts. The High Court examined whether the circumstances warranted anticipatory bail and considered the procedural requirement of a Section 41 notice. Concluding that the evidence and investigation reports implicated the petitioner as the main offender, the Court refused to grant anticipatory bail.

Issues considered

  • Whether anticipatory bail should be granted to the petitioner under the circumstances.
  • Whether the failure to issue a notice under Section 41 of the Cr.P.C. bars the prosecution.

Legislation cited

Subjects

  • anticipatory bail
  • cyber crime
  • fraud
  • IT Act
  • Section 41 CrPC
  • bail denial

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.8107 of 2026
                        Arising Out of PS. Case No.-180 Year-2024 Thana- Cyber P.S. District- Patna
                 ======================================================
                 Mamta Kumari D/o- Surendra Saw R/vill- Dilhuri, P.S.- Haspura, Distt-
                 Aurangabad

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :         Mr.Rahul Kumar, Adv.
                 For the Opposite Party/s :         Mr.Satya Nand Shukla, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
                                       ORAL ORDER

3   01-04-2026                      Heard Learned Counsel for the petitioner and

                   Learned APP for the State.

                                2. The petitioner is apprehending arrest in connection

                   with Cyber P.S. Case No.180 of 2024 lodged on 01.03.2024, for

                   the offences punishable under Sections 379, 406, 201, 34 and

                   66(D) of the I.T. Act, 2000.

                                3. As per the prosecution, FIR has been lodged against

                   two named accused persons including the present petitioner with

                   allegation that            total transaction of Rs.12,16,000/-                     was

                   fraudulently withdrawn and transferred from the informant and

                   his father bank account.

                                4. Learned Counsel for the petitioner submits that the

                   petitioner is innocent and has committed no offence. Counsel

                   also submits that the petitioner is basically met at the house of
Patna High Court CR. MISC. No.8107 of 2026(3) dt.01-04-2026
                                            2/3




          informant and only with a view to teach lesson for not

          demanding money, the present case has been lodged. He further

          submits that notice under Section 41 of the Cr.P.C. has not been

          issued to the petitioner.

                       5. Counsel submits that the petitioner is a lady and her

          criminal antecedent is clean and ready to fulfill all the

          conditions whatsoever shall be imposed upon her. He further

          submits that petitioner is living at the house of the informant for

          more than one year and getting salary of Rs.9000/- per month.

          The outstanding amount of Rs.30,000/- which petitioner was

          demanding, but inspite of providing money, she has been falsely

          implicated in the present case.

                       6. Counsel further submits that on previous occasion,

          case diary has been called for.

                       7. Learned APP for the State opposes the prayer for

          bail of the petitioner and submits that the Trial Court at the time

          of rejecting the bail, has categorically discussed the contents

          which has been extracted in the case diary during investigation

          by the Deputy Superintendent of Police, Cyber Branch. In the

          investigation, it has come that Rs.8,47,000/- from the bank of

          SBI and Rs.3,69,000/- from the bank of ICICI have been

          transacted.
           Patna High Court CR. MISC. No.8107 of 2026(3) dt.01-04-2026
                                                       3/3




                                  8. Counsel further submits that in paragraph 53 of the

                     case diary, there is categorical statement recorded by the

                     investigation team that how the present petitioner involved in

                     transaction of money with the help of one Sandeep Kumar and

                     her sister, namely, Jyoti Kumari. It has been found by the I.O.

                     that the petitioner is a sole and main accused.

                                  9. In the present facts and circumstances, this Court is

                     not inclined to grant anticipatory bail to the petitioner, therefore

                     the bail application of the petitioner is hereby rejected.



                                                               (Dr. Anshuman, J)
Prakashmani/-

U      T


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