Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.22147 of 2012 ====================================================== Santosh Kumar, S/O Naga Das, R/O Mohalla - Aamgola Mali Gali, P.S. Kazi Mohammadpur, District – Muzaffarpur. .... .... Petitioner Versus The State of Bihar .... .... Opposite Party ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 2 13-06-2012 Heard learned counsel for the petitioner and learned counsel appearing on behalf of the State. The petitioner seeks anticipatory bail in connection with a case which has been instituted for the offence punishable under [STATUTE] . It is stated that the allegation made in the F.I.R. is false. As a matter of fact, the husband of the informant had executed an agreement for sale after receipt of Rs. 1,81,000/- as advance for the land and house belonging to him. When the petitioner contacted for execution of the sale deed and expressed his desire to pay the rest amount as agreed between the parties, the husband of the informant refused to execute the sale deed. He gave two cheques amounting to Rs. 1,95,000/- in the name of the informant but, the cheques upon being presented got dishonoured due to insufficiency of fund. When all attempts failed, the petitioner filed Title Suit No. 337 of 2011 on 28.6.2011 in the court of Sub-Judge-I, Muzaffarpur for specific performance of contract. Subsequent to the filing of the said suit, the present F.I.R. was instituted with oblique motive. Patna High Court Cr.Misc. No.22147 of 2012 (2) dt.13-06-2012 2 / 2 2 Be that as it may, considering the nature of allegation, facts and circumstances of the case, let the petitioner above named in the event of his arrest or surrender before the Court below within a period of four weeks from the date of receipt/communication of a copy of this order, be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Muzaffarpur in connection with Kazimohammadpur P.S. Case No. 301 of 2011 subject to the condition as laid down under Section 438(2) Cr. P.C. and also on the following conditions: (i) That both the bailors will be close relative of the petitioner who will give separate affidavit giving genealogy as to how they are related with the petitioner. (ii) That the petitioner shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him to disclose such facts to the court or to any other authority. (iii) That he shall remain present before the court on the dates fixed for hearing of the case. If he wants to remain absent, then he shall take prior permission of the court and in case of compelling and unavoidable circumstances for remaining absent, he will immediately inform the court and request that he may be permitted to be present through the counsel. (iv) That liberty is given to the State to make an appropriate application for modification/recalling the order granting bail, if for any reason, the petitioner violates any of the conditions imposed by this Court. Sanjeet/- (Ashwani Kumar Singh, J)

Applicable IPC Section: 384

Statute Text:
Section 384 of the Indian Penal Code. Extortion. Whoever commits extortion shall be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both.