Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.44120 of 2011 ====================================================== Ram Krishna Ojha .... .... Petitioner/s Versus 1. The State Of Bihar 2. Vagish Ojha .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 04/ 17-10-2012 Heard learned counsels for the petitioner and the opposite parties. The present application has been filed for cancellation of bail of Opposite Party No. 2, who was granted anticipatory bail vide Cr. Misc. No. 5355 of 2011 on 17.03.2011 in connection with Shahpur P.S. Case No. 185 of 2010 registered under [STATUTE] . The bail was granted when accusation of brutal assault was made but the post- mortem report reflects no external injury. Now the cancellation has been sought for on the ground that subsequent to the grant of bail petitioner lodged Shahpur P.S. Case No. 51 of 2011 making accusation under [STATUTE] when it is alleged that the threatening was given for compromise of the case and extortion was demanded Patna High Court Cr.Misc. No.44120 of 2011 (4) dt.17-10-2012 2/2 2/2 even the charge-sheet has been submitted under [STATUTE] . It is submitted by learned counsel for opposite party no. 2 that the opposite party no. 2 is the agnate of the petitioner when as per the accusation levelled in Shahpur P.S. Case No. 51 of 2011 no case under [STATUTE] is made out. As per the own case of the petitioner the extortion was not paid. Considering the subsequent case lodged against opposite party no. 2 by the petitioner, in view of the earlier hostility, this Court is not inclined to cancel the bail of the petitioner in connection with Shahpur P.S. Case No. 185 of 2010 pending in the court of learned Judicial Magistrate, Ist Class, Bhojpur at Ara. Accordingly, this application is dismissed. However, opposite party no. 2 will file undertaking before the learned court below that he will in no way bother the petitioner’s family and if he will be further involved in any other case of substantive nature then this Court will take serious view of the matter. DKS/ . (Dinesh Kumar Singh, J.)

Applicable IPC Section: 504

Statute Text:
Section 504 of the Indian Penal Code. Insult intended to provoke breach of the peace. Whoever intentionally insults, and thereby gives provocation to any person, intending or knowing it to be likely that such provocation will cause him to break the public peace, or to commit any other offence, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.