Case Facts:
Patna High Court Cr.Misc. No.2697 of 2012 (2) dt.22-06-2012 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No. 2697 of 2012 =================================================== 1. Mithilesh Devi W/O Sri Ram Jee Singh Resident Of Village Kataria, P.S. Agiaon Bazar, P.O. Kataria, District Bhojpur Ara. .... .... Petitioner/s Versus 1. The State of Bihar 2. Shashi Kant Singh S/O Harendra Singh Resident Of Village Kataria, P.S. Agiaon Bazar, District Bhojpur, Ara. .... .... Opposite Party/s =================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA PRAKASH ORAL ORDER 02. 22.06.2012 The Petitioner seeks quashing of the order dated 10.12.2011 passed by the Sessions Judge, Bhojpur at Ara in Cr. Rev. No. 177 of 2011 by which he has affirmed the order dated 01.04.2010 passed by the CJM, Bhojpur at Ara in Agiaon Bazar P.S. Case No. 2/2010 (136 GR/10 4167 Tr/11) by which he has taken cognizance under [STATUTE] . It has been submitted on behalf of the Petitioner that in the facts of the case no offence under [STATUTE] would be made. Since this argument can only be appreciated at the stage of framing of charge, I am not inclined to interfere in the matter. The application is disposed off with liberty to the Petitioner to raise all these points at the stage of framing of charge. Vikash/- (Anjana Prakash, J.)

Applicable IPC Section: 385

Statute Text:
Section 385 of the Indian Penal Code. Putting or attempting to put in fear of injury, in order to commit extortion. Whoever, in order to the committing of extortion, puts any person in fear, or attempts to put any person in fear, of any injury, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.