Shashi Kumar And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.4086 of 2015 Arising Out of PS.Case No. -82 Year- 2014 Thana -TARAPUR District- MUNGER ======================================================

1. Shashi Kumar Son of Manoj Kumar Singh, Resident of Village - Mudheri, P.S. - Haveli Kharagpur, District - Munger.

2. Diwakar Kumar Yadav Son of Brahmadeo Yadav Resident of Villae - Dulhar, P.S. - Asarganj, District - Munger.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Jyoti Ranjan Jha For the Opposite Party/s : Mr. Umesh Lal Verma (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 30-01-2015 Heard learned counsels for the petitioners and the State.

The petitioners are apprehending arrest in a case registered for the offences punishable under Section 384 of the Indian Penal Code.

It is alleged that through mobile extortion demand of rupees one lac was made and life threatening was given to the informant. Name of the petitioners sprang up in the confession of co accused Mithun Paswan.

It is submitted by learned counsel for the petitioners that the alleged mobile through which extortion

Patna High Court Cr.Misc. No.4086 of 2015 (2) dt.30-01-2015 2/3 demand was made is not registered in the name of the petitioners. Statement to the aforesaid effect has been made in paragraph 10 of the petition. More over, even assuming the accusation, no offence under section 384 IPC is made out. Statement has been made in paragraph 3 of the petition that the petitioners have no criminal antecedent. Considering the aforesaid facts, let the above named petitioners be released on anticipatory bail in the event of arrest or surrender before the learned Court below within a period of twelve weeks from today on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned JM Ist Class, Munger in connection with Tarapur P.S. Case No. 82 of 2014 subject to the conditions as laid down under Section 438(2) Cr.P.C.

The bail bonds of the petitioners will be accepted on filing of an affidavit by the petitioners before the learned court below that they will regularly cooperate with the investigation. The said affidavit will be transmitted by the learned court below to the concerned I.O. Non cooperation in investigation by the petitioners will give liberty to

Patna High Court Cr.Misc. No.4086 of 2015 (2) dt.30-01-2015 3/3 prosecution to file application for cancellation of bail bonds by learned court below.

(Dinesh Kumar Singh, J) Anil/- U T