PATNA HIGH COURT ISSUES ORDER ON SUNITA PAL V/S THE STATE OF BIHAR

PATNA, India, May 29 -- Patna High Court issued the following order on May 1:

Heard learned counsel for the petitioner and the learned Additional Public Prosecutor for the State.

2. The petitioner seeks regular bail in connection with Saran Cyber P.S. Case No. 344 of 2024, registered for the offences punishable under Sections 303(2), 318(4) and 319(2) of the B.N.S. and under Sections 66(c) and 66(d) of the I.T. Act.

3. The prosecution case is to the effect that the informant, namely, Vikash Kumar gave a written report stating therein that he was duped of Rs.45,86,000/- (Rupees forty-five lakh and eighty-six thousand) by the named accused persons, namely, Tushar Pal and Akansha Singh in whose account he had transferred the aforesaid amount and on such allegation the present case was initiated.

4. Learned counsel for the petitioner submits that the petitioner is not named in the F.I.R., and she happens to be the mother of the accused Tushar Pal and it was on account of the search of the said Tushar Pal and Akansha Singh, the I.O. of the case arrested the petitioner from her house. The learned counsel next submits that the petitioner was not even named in the FIR and from perusal of the paragraph-66 of the case diary, it has been stated that the arrest is necessitated only because the accused persons used to frequently change their address. The learned counsel lastly submits the petitioner has clean antecedent and he is languishing in jail since 23.12.2024.

5. Learned APP for the State has vehemently opposed the prayer for bail of the petitioner.

6. Considering the aforesaid facts and circumstances of the case and taking into account the fact that the petitioner was not named in the FIR and she happens to be mother of the accused Tushar Pal and also taking into consideration the clean antecedent and the period of custody undergone, 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 the court of learned Chief Judicial Magistrate, Saran at Chapra in connection with Saran Cyber P.S. Case No. 344 of 2024 subject to the the following conditions:-

(i) One of the bailors will be a close relative of the petitioner. (ii) The petitioner will remain present on each and every date fixed by the Court below, if so required by the learned Trial Court. (iii) In case of absence on two consecutive dates or in violation of the terms of the bail, the bail bond of the petitioner will be liable to be canceled by the Court concerned.

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