Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.24107 of 2012 ====================================================== 1. Naresh Mohan Mishra 2. Pintu Mishra @ Rajesh Kumar Mishra. 3. Sonu Mishra @ Sonu Kumar Mishra. 4. Monu Mishra @ Monu Kumar Mishra. .... .... Petitioner/s Versus The State Of Bihar .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 2 19-07-2012 Heard learned counsels for the petitioner and the State. The petitioners being the agnates of the informant are apprehending arrest in a case registered for the offences punishable under [STATUTE] and Section 3 (I) (X) of the SC/ST (Prevention of Atrocities) Act. It is alleged that the informant was working as a labourer under the contract for making the road when the petitioners came and abused by calling caste name and questioned his as to why did he not asked the contractor to see them and of making payment of extortion amount and when protest was made, the informant was brutally assaulted. It is submitted by learned counsel for the petitioner that the title suit is going on between them and petitioners’ side lodged a case on 26.05.2011 whereas for the occurrence of 28.05.2011 the Patna High Court Cr.Misc. No.24107 of 2012 (2) dt.19-07-2012 2/2 FIR was lodged on 30.05.2011. Moreover, it does not reflect from the accusation that the accusation under SC/ST Act has been committed in public view. 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 12 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 the learned Chief Judicial Magistrate, Bhagalpur in connection with SC/ST P.S. Case No. 11 of 2011, subject to the conditions as laid down under Section 438(2) Cr.P.C. Amrendra/- (Dinesh Kumar Singh, J)

Applicable IPC Section: 389

Statute Text:
Section 389 of the Indian Penal Code. Putting a person in fear of accusation of an offence punishable with death, imprisonment for life, or imprisonment for 10 Years in order to commit extortion. Whoever, in order to the committing of extortion, puts or attempts to put any person in fear of an accusation, against that person or any other, of having committed, or attempted to commit, an offence punishable with death or with imprisonment for life, or with imprisonment for a term which may extend to ten years, shall be punished with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine; and, if the offence be punishable under section 377 of this Code, may be punished with imprisonment for life.