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Patna High CourtCR. MISC./60859/2022allowed

Muski @ Phulayo Devi @ Phulo Devi v. The State Of Bihar

2023-02-08Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.60959 of 2022 Arising Out of PS. Case No.-293 Year-2022 Thana- BAHERA District- Darbhanga ====================================================== MD. SAHJAD HUSSAIN S/o Masum Ali Resident of village- Chiroura, P.S.- Naubatpur, District- Patna ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Shailendra Kumar Jha For the Opposite Party/s :

Mr.Shahabuddin Azeem @ S. Azeem ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 08-02-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for regular bail in a case registered for the offence punishable under Sections 352, 384, 385, 386/34 of the Indian Penal Code.

As per prosecution, the informant received a phone call from the petitioner who told him that he received Rs. 50,000/- to kill the informant and his family members then he would have to pay Rs. 1,50,000/- as rangdari otherwise they would be killed. The informant got scared and paid Rs. 5,000/- to the petitioner. The petitioner demanded the remaining amount and threatened to shoot the informant and kidnap the informant's son if the remaining amount was not paid. Thereafter, the informant family informed the police who

Patna High Court CR. MISC. No.60959 of 2022(2) dt.08-02-2023 2/2 apprehended the petitioner.

Learned counsel for the petitioner submits that the petitioner has clean antecedent and has falsely been implicated in this case. Nothing has been recovered from the conscious possession of the petitioner. The mobile number used for extorting the informant does not belong to the petitioner. Petitioner is languishing in judicial custody since 06.07.2022. Learned APP appearing for the State has opposed the prayer of regular bail.

Having heard learned counsel for the parties and considering the facts and circumstances of the case, this Court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Bahera P.S. Case No. 293 of 2022, on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M.-I, Benipur, Darbhanga.

(Sunil Kumar Panwar, J) Ranjeet/- U T