Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.14138 of 2012 ====================================================== Md. Muzibur Rahman .... .... Petitioner. Versus The State Of Bihar .... .... Opposite Party. ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 2 19-04-2012 Heard learned counsels for the petitioner and the State. The petitioner is apprehending his arrest in complaint case in which cognizance has been taken for the offences punishable under [STATUTE] . The accusation against the petitioner is of demanding Rs. 1,00,000/- as extortion from construction money of the School since the informant is the headmaster. The statement has been made in paragraph no.13 of the petition that the petitioner has no criminal antecedent and it is submitted that since no payment was made hence no case under [STATUTE] . is made out. Considering the aforesaid submissions, let the petitioner, above named, be released on bail in the event of arrest or surrender before the learned Patna High Court Cr.Misc. No.14138 of 2012 (2) dt.19-04-2012 2 / 2 2 court below within a period of twelve weeks from today in connection with Complaint Case No. 2097 of 2009, Trial No. 3322 of 2012 on furnishing bail bond of Rs.10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned J.M. Ist Class, Muzaffarpur, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. The bail bond of the petitioner will be accepted on filing affidavit before the learned court below that the petitioner will not enter into the premises of the school for a period of one year and the said affidavit will be transmitted to the concerned Investigating Officer of the present case and to the school in question. Any violation of undertaking will give liberty to the Investigating Officer to institute fresh case against the petitioner. U.K./- (Dinesh Kumar Singh, J)

Applicable IPC Section: 353

Statute Text:
Section 353 of the Indian Penal Code. Assault or use of criminal force to deter a public servant from discharge of his duty. Whoever assaults or uses criminal force to any person being a public servant in the execution of his duty as such public servant, or with intent to prevent or deter that person from discharging his duty as such public servant, or in consequence of anything done or attempted to be done by such person to the lawful discharge of his duty as such public servant, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.