IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.14149 of 2010 PANNALAL SINGH PATEL, son of Late Chandra Kishore Singh, resident of village-Pansalwa, P.S.-Beldaur, District-Khagaria (at present member of Legislative Assembly, Bihar) .. Petitioner Versus THE STATE OF BIHAR .. Opp.Party ----------- For the Petitioner : M/s Shekhar Kumar Singh & Raja Surendra Mohan, Advocates For the State : Mr. Sunil Kumar Pandey, Addl.P.P. -------------- 02/ 19-05-2010 Heard the parties. In a criminal prosecution for the offence under Section 384/34 of the Indian Penal Code, petitioner, who is an elected M.L.A from Chautham Assembly Constituency, is alleged to have demanded rupees ten lac from the informant, who is also an elected M.L.A. from Khagaria Assembly Constituency. The allegation of alleged demand of rupees ten lac is said to have been made for the reason that some altercation between them had taken place in some official meeting held earlier. From plain perusal of the FIR (Annexure-1), it is apparent that merely a demand is said to have been made on the mobile phone of the informant, but neither any property, nor any valuable security or any other document has been delivered by the informant pursuant to the aforesaid threat. In that view of the matter, ingredients for constituting an offence of extortion defined under Section 383 of the Penal Code are not available, and therefore, the offence under Section 384 of the Penal Code is not made out in the present case. In the aforesaid facts and circumstances, in the event 2 of arrest/surrender within a period of four weeks from today in Mansi P.S.Case No.116/2009, the above named petitioner shall be released on bail on furnishing bail bond of Rs.25,000/- (Rupees tewenty five thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Khagaria, subject to the conditions as laid down under sub-section (2) of Section 438 of the Code of Criminal Procedure, and subject to further conditions that : (a) one of the bailors must be a Government servant or close family members of the petitioner, who will file an affidavit in the court below showing his/her relationship with the petitioner and (b) the petitioner shall make regular Pairvi in the court below in the present case either by appearing himself in person or through representation by his lawyer on each and every dates, and if on two consecutive dates petitioner fails to make Pairvi, then the court below shall be at liberty to cancel the bail bonds of the petitioner. AH/ ( Birendra Prasad Verma, J.)