Ram Paswan @ Pintu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.61986 of 2018 Arising Out of PS. Case No.-37 Year-2016 Thana- BOCHAHAN District- Muzaffarpur ====================================================== Ram Paswan @ Pintu Kumar, S/o Jogindra Paswan, R/o Vill.- Ramdas Majhauli, P.S.- Bochahan, District- Muzaffarpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Alok Kumar Alok For the Opposite Party/s :

Mr. Sanjay Kumar Tiwary ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 11-12-2018 Heard learned counsels for the petitioner and the State.

The petitioner is apprehending arrest in a case registered for the offence punishable under Section 387 of the IPC. The prosecution case, as per the written report of Kedar Paswan submitted to the Station House Officer, Bochahan Police Station, is to the effect that on 03.04.2016 at about 10.28 P.M., the petitioner was at his house, in the meantime, the informant received an unknown phone call demanding Rs. 2,00,000/- as extortion, and the informant was threatened to kill in case he fails to meet such demand of extortion. It is submitted by the learned counsel for the petitioner that due to previous rivalry, the present case has been lodged against the petitioner and even assuming the accusation to be true, no

Patna High Court Cr.Misc. No.61986 of 2018(2) dt.11-12-2018 2/2 offence under Section 387 of the IPC is made out. A statement has been made in paragraph no.3 of the petition that the petitioner is not having any criminal antecedent. It is submitted by the learned APP for the State that there is specific accusation against the petitioner.

Considering the fact that even assuming the accusation to be true, no offence under Section 387 of the IPC is made out, coupled with the statement made in paragraph no.3 of the petition that the petitioners are not having any criminal antecedent, let the above named petitioner be released on anticipatory bail in the event of arrest/surrender before the learned Court below within a period of twelve weeks from today, on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of like amount each to the satisfaction of learned A.C.J.M.-cum-Sub Judge XI, Muzaffarpur in connection with Bochahan P.S. Case No. 37 of 2016 subject to the condition as laid down under Section 438(2) of the Cr. P.C. (Dinesh Kumar Singh, J) Deepak/Rahul/- U T