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Patna High CourtCR. MISC./11807/2016rejected

Md. Jahid v. The State Of Bihar

2016-06-23Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.11807 of 2016 Arising Out of PS.Case No. - 472 Year- 2015 Thana -KAHALGAON District- BHAGALPUR ====================================================== Md. Jahid S/o Md. Dilawar, resident of Village - Meharpur, P.S. Pirpainty, District - Bhagalpur .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Shivesh Chandra Mishra, Advocate & Mr. Davendra Kumar Pandey, Advocate.

For the Opposite Party/s : Mr. Ram Chandra Sahni, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 23-06-2016 Heard both sides.

The petitioner apprehends his arrest in a case under Sections 447, 386 of the Indian Penal Code.

The informant alleged that while he was paying wages to labours, the petitioners came and demanded extortion of Rs. 50,000/- and also threatened if the extortion is not paid. Sri Shivesh Chandra Mishra, learned counsel for the petitioner, submits that the petitioner was also a labour and some dispute arose for payment of wages. The petitioner never demanded any extortion and no offence under Section 386 IPC is made out. It appears that there is specific allegation of demand of extortion of Rs. 50,000/- is against the petitioner and the witnesses have also stated this fact in the case diary. Considering the facts aforesaid, I am not inclined to

Patna High Court Cr.Misc. No.11807 of 2016 (4) dt.23-06-2016 2/2 enlarge the petitioner on anticipatory bail in Kahalgaon P.S. Case No. 472/15. Accordingly, the same is rejected. (Prabhat Kumar Jha, J) Dilip/- U T