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 3/3 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. vashudha/- (Soni Shrivastava, J) U T