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While refusing anticipatory bail to a man accused of a cyber crime, the Patna High Court has noted that it is apparent on face of record that local police in hand in glove with criminals.

“It has come to the knowledge of this Court that cyber crime is rampant in the district of Nawada, specially in Warsaliganj Police Station and whenever police comes from outside the State and reaches within the jurisdiction of Warsaliganj Police Station to arrest the criminals, in most of the cases criminals are informed about the arrival of the police from outside the State and as such, criminals are not arrested. This cannot happen without connivance of the local police specially the police officials of Warsaliganj Police Station.”

The Bench of Justice Sandeep Kumar of the Patna High Court recently observed that criminals who are involved in cyber crime should be caught and the cases should be solved. The Court was hearing an anticipatory bail application of a person operating from Nawada city in Bihar who had several phone numbers, running to 28 pages, to be used to defraud people.

Earlier, while denying him anticipatory bail on October 21, 2021, the Court had issued a show-cause notice to the Investigating Officer of the case as to why he was not nabbed even though the crime was committed in 2020. The petitioner was directed to surrender within a week.

 

The Court had further noted that:

“Now a days, these kinds of crimes are rampant in the society in which persons are being duped by criminals making phone calls and taking their bank details etc. In view of the above, it is not a fit case for grant of anticipatory bail.”

Next, in an order dated 17th November, the Court directed the Superintendent of Police to file a compliance report covering the following questions:

• How many cases of cyber crime have been registered in Nawada ?
• In how many cases of cyber crime, only station diary entry has been made and no FIR has been registered ?
• What is the status of investigation/arrest in cases of cyber crime registered in Nawada district ?
• Whether there is any specialized Cyber Police Station in the district of Nawada or not ?
• Whether there is any police officer posted in the district of Nawada who specializes in cyber crime.
• In how many cases, police parties of different States have come to Nawada to arrest the criminals involved in cyber crime and as to what cooperation has been provided by the police of Nawad?

 

 

Thus, in the present order the Court noted that, "it appears that cyber crime and Social Media Units have been constituted in Nawada as well other districts and they are run by some data entry operators as well as some police officers also."

Thus, the Court called for interaction with the A.D.G. (Mordernization) and A.D.G., State Crime Record Bureau. On the next date, the Additional Solicitor General is also required to appear in this case to assist the Court.

Case Title: Shiv Kumar v. State of Bihar