Rohit Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.43619 of 2022 Arising Out of PS. Case No.-138 Year-2022 Thana- UDWANTNAGAR District- Bhojpur ====================================================== Rohit Kumar Son of Mahendra Singh Resident of village- Behra, P.SUdwantnagar, Dist- Bhojpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Navin Kumar Singh,Advocate For the Opposite Party/s :

Mr. Manoj Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 24-11-2022 The learned counsel for the petitioner is directed to remove all the defects pointed out by the Stamp Reporter within one month.

Heard learned counsel for the petitioner and learned APP for the State.

Petitioner seeks regular bail in connection with Udwantnagar P.S. Case No. 138 of 2022 registered for the offences punishable under sections 384 and 386 of the Indian Penal Code. As per the prosecution, the informant alleged that this petitioner always threatened her son for extortion demand. Further it is alleged that on the alleged date and time this petitioner assaulted the informant's husband and snatched Rs. 3,000/- from him on account of non-fulfillment of the extortion demand of Rs. 5,000/-.

Patna High Court CR. MISC. No.43619 of 2022(2) dt.24-11-2022 2/3 The main submissions advanced by learned counsel Mr. Navin Kumar Singh, appearing for the petitioner are that the FIR was lodged on 02.04.2022 while the alleged occurrence relating to extortion demand took place on 26.03.2022 but in following of that extortion demand the money so demanded was not given by the informant and the petitioner was alleged to have assaulted the informant's husband and son but there is no any injury report to support the said allegation of assault. Further submission is that the petitioner has been made accused in this case mainly on the basis of his criminal antecedents and he has been languishing in jail since 03.04.2022. Learned APP Mr. Manoj Kumar, appearing for the State has opposed the prayer for bail.

Heard both the sides and perused the FIR. As per the allegation the petitioner indulged in making extortion demand from the informant and his son and he always threatened them and snatched three thousand rupees from the informant's husband and the informant is stated to be a vegetable vendor and the petitioner forced the informant to give extortion money every month in lieu of running his shop and the petitioner has criminal antecedent of several cases mentioned in paragraph No. 3 of his petition. Considering the nature of allegation as well as

Patna High Court CR. MISC. No.43619 of 2022(2) dt.24-11-2022 3/3 petitioner's long criminal history, in the opinion of this Court the petitioner does not deserve to the privilege of bail. Accordingly, his prayer for bail stands rejected. (Shailendra Singh, J.) maynaz/- U T