Md. Feku @ Bara Feku @ Md. Ali v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.70194 of 2018 Arising Out of PS. Case No.-271 Year-2018 Thana- BIHARSHARIF District- Nalanda ====================================================== Md. Feku @ Bara Feku @ Md. Ali, Son of Md. Asgar, Resident of VillageThawai Saluganj, P.S.- Bihar Sharif, District- Nalanda. ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Samir Kumar Sinha For the Opposite Party/s :

Mr. Ganesh Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 07-12-2018 Heard learned counsels for the parties.

The petitioner is apprehending arrest in a case registered for the offences punishable under Sections 448,384,386 and 504 of the IPC.

It is alleged that the petitioner obstructed the construction work on 7.6.2018 going on at the construction site of the informant. It is also alleged that the petitioner demanded ransom of Rs.Two Lacs for allowing the construction work to proceed. It is submitted by learned counsel for the petitioner that even assuming the accusation to be true, at best, a case under section 384 of the IPC is made out though no demand of specific amount of extortion has been made by the petitioner. Though the petitioner is accused in one other case but he is on bail in the said case.

Patna High Court Cr.Misc. No.70194 of 2018(2) dt.07-12-2018 2/2 Considering the fact that no specific extortion amount was paid, let the petitioner above named be released on provisional anticipatory bail for six months in the event of arrest or surrender within six weeks on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned CJM, Nalanda at Biharsharif in connection with Bihar P.S. Case No.271 of 2018 subject to the conditions laid down in Section 438(2) of the Cr.P.C.

The learned court below will get the local police station instructed to keep watch over the petitioner and submit a monthly report before the learned court below and, if for the next six months, the conduct of the petitioner will be normal and if he will not involved in any similar offence, in that eventuality, the learned court below will confirm provisional anticipatory bail of the petitioner.

(Dinesh Kumar Singh, J) anil/- U