High Court Patna High Court - Orders

Onkar Yadav vs The State Of Bihar on 6 July, 2011

Patna High Court – Orders
Onkar Yadav vs The State Of Bihar on 6 July, 2011
                 IN THE HIGH COURT OF JUDICATURE AT PATNA
                                 Cr.Misc. No.21271 of 2011
                     Onkar Yadav son of Awadh Yadav, resident of
                     village-Jhajh, P.S.Barachatti, Dist.-Gaya
                                            Versus
                                         The State o Bihar
                                            -----------

2. 6.7.2011. Heard learned counsel for the petitioner and learned

counsel for the State.

Apprehending his arrest in connection with Barachatti

P.S. Case No.124 of 2011 registered for the offence under sections

384, 385 and 120B of the Indian Penal Code, the petitioner has

prayed for grant of bail in which allegation has been leveled that the

petitioner and others had taken some amount from the beneficiaries

for construction of Indra Niwas at the time of making payment of

Rs.15,000/- as also at the time while the amount was being

deposited in the account of the beneficiaries.

Learned counsel for the petitioner draws my attention

towards definition of extortion as defined in section 383 of the

Indian Penal Code. He further submits that from a bare perusal of

definition of extortion it is apparent that ingredients of sections 384

and 385 of the Indian Penal Code are missing in the present case.

Learned counsel for the petitioner thus submits that in absence of

ingredients of sections 384 and 385 of the Indian Penal Code, there

would be no application of section 120B of the Indian Penal Code.

Learned counsel for the State opposes the prayer for bail

on the ground mentioned in the first information report and in the

impugned order.

Taking into consideration the submissions made on
2

behalf of the parties, let the petitioner, namely, Onkar Yadav in the

event of his arrest or surrender before the court below, be released

on bail on furnishing bail bonds of Rs.5,000/- (five thousand) with

two sureties of the like amount each to the satisfaction of

Sub.Divisional Judicial Magistrate, Sherghati (Gaya) in connection

with Barachatti P.S. Case No. 124 of 2011.

Md.S.                            ( Ashwani Kumar Singh, J.)