IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.12471 of 2010 SHATRUGHAN KUMAR @ LALLU,son of Rajeshwar Poddar alias Rajesh, resident of LIG-226, Shaheed Bhagat Singh Colony, Mustafabad,P.S.-Rampur,District-Gaya. .. Petitioner Versus THE STATE OF BIHAR .. Opp.Party ----------- For the Petitioner :M/s Krishna Pd.Singh,Senior Advocate & Rakesh Singh, Advocate. For the State :Mr.Akhileshwar Dayal,Addl.P.P. ----------- 02/ 10-05-2010 Heard the parties. In a criminal prosecution under Section 384/34 and some other minor and bailable offences under the Indian Penal Code, the petitioner allegedly hurled abuses on the mobile of the informant and he assaulted him by fist and slaps and there is further allegation that the accused persons made a demand of rupees twenty thousand monthly as Rangdari; otherwise it was threatened that dire consequences shall follow. It is submitted by the learned counsel for the petitioner that the father of the petitioner is having a betel shop in front of the house of the informant and despite his request he is not prepared to remove his betel shop and, therefore, some altercation had taken place between the parties and for that reason entire family members along with the petitioner have been arrayed in the category of the accused. It is further highlighted that the petitioner is a student of Intermediate and has bright academic prospect. It is also submitted that according to prosecution case merely demand 2 was made by the accused persons, but pursuant to the aforesaid demand neither any property, nor any valuable security or any other document has been delivered by the informant to any of the accused persons, much less the petitioner and, therefore, the ingredients for constituting an offence under Section 384 of the Penal Code are not available on record. Other offences under the Penal Code are either minor or bailable one. It is further stated that the petitioner has fair antecedent and there is no criminal history against him. In the aforesaid facts and circumstances, in the event of arrest/surrender within a period of four weeks from today in Rampur P.S.Case No.200 of 2009, the above named petitioner shall be released on bail on furnishing bail bond of Rs.10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Gaya, subject to the conditions as laid down under sub-section (2) of Section 438 of the Code of Criminal Procedure. AH/ ( Birendra Prasad Verma, J.)