Patna High CourtCR. MISC./16052/2017dismissed

Shivnath Prasad @ Shivnath Prasad Yadav v. The State Of Bihar

2017-05-03Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.16052 of 2017 Arising Out of PS.Case No. -2 Year- 2017 Thana -SHYAMPUR BHATHA District- SHEOHAR ====================================================== Shivnath Prasad @ Shivnath Prasad Yadav, son of Nand Lal Rai, resident of Village- Hirauta Dumma, P.S.- Tariyani, District- Sheohar. .... .... Petitioner

Versus

The State of Bihar .... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr. Alok Kumar Alok with Mr. Hans Lal Kumar, Advocates For the Opposite Party/s : Ms. Dr. Indiwar Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 03-05-2017 Heard learned counsel for the petitioner.

This is an application for bail in connection with Shyampur Bhatha P.S.Case No. 2 of 2017 registered for the offences punishable under Section 387 of the Indian Penal Code. Allegation as per FIR is that extortion of Rs.50,000/- has been made from the informant there is also allegation as per re-statement of the informant that last call has come from mobile number of the petitioner demanding extortion. It has been submitted on behalf of the petitioner that mobile number of the petitioner has not been mentioned in the FIR and thereafter in the re-statement informant has disclosed the mobile number of the petitioner and he is in custody since 6.2.2017 having no criminal antecedent.

Patna High Court Cr.Misc. No.16052 of 2017 (3) dt.03-05-2017 2/2 Heard learned APP also, who has opposed the prayer for bail stating that mobile was recovered from the possession of the petitioner and this is a case of extortion. Having heard both sides and considering the nature of allegation, I am not inclined to grant bail to the petitioner. However, learned trial court is directed to expedite the trial and try to conclude the same as soon as possible. This application is, accordingly, dismissed.

(Vinod Kumar Sinha, J) spal/- U