IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.31555 of 2011 ====================================================== 1. Rajdeo Singh, Son of Rajnint Singh, resident of village-Bahuara, P.O.- Maidhra, P.S.-Suryapura, District-Rahtas, at present posted as Constable no. 493 at Bateri P.S.-District-Darbhanga. 2. Randhir Kumar Himanshu Son of Late Ram Swaroop Yadav, resident of village-Panchveer, P.O.-Panchveer, P.S.-Sahebpur Kamal, District- Begusarai, at present posted as Constable no. 127 at Police Line, District-Katihar. 3. Md. Aftab Khan Son of Late Mohabbat Sagir Khan, resident of village- Sarujha, P.O.-Dhanaiwata, P.S.-Jamania, District-Gazipur (U.P.), at present posted as Constable no. 22 at G.R.P. Raxaul Junction. .... .... Petitioners Versus The State of Bihar .... .... Opposite Party ====================================================== Appearance : For the Petitioners : Mr. M.N. Parbat, Advocate. For the Opposite Party : Mr. Sanjeeta Sharma, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA ORAL ORDER (Per: HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA) 2 15-10-2011 Heard. The petitioners apprehend their arrest in a criminal prosecution originally registered under Section 384/34 of Indian Penal Code, but later on offence under Section 392 of the Indian Penal Code has been added. In an unfortunate case the petitioners, who are police personnel, and were deputed for protecting the law and for giving security to the passengers, are alleged to have not only violated 2 the law, but committed serious crime of extortion and robbery in a moving train. The case was instituted under Section 384/34 of the Indian Penal Code with an allegation that while the petitioners were on duty as members of the escort party of train no. 2327 Up Upasana Express, they extorted Rs. 3000/- by using force from the informant, a bona fide passenger of the train. If the protectors of law start taking law in their own hands for their illegal gains, then no body would be safe in our country. In view of serious nature of allegation, this Court is not inclined to accede to the prayer made on behalf of the petitioners for grant anticipatory bail. Prayer for anticipatory bail made on behalf of the petitioners is hereby rejected. The petitioners are hereby directed to surrender in the Court below within a period of four weeks from today in connection with Jhajha Rail P.S. Case No. 18 of 2011 pending in the court of the learned Railway Judicial Magistrate, Kiul, G.R.P./Jhajha and if so advised, seek regular bail, which shall be considered on its own merits without being prejudiced by the present order. If the petitioners fail to surrender within the time prescribed by this Court, then the learned Railway Judicial Magistrate, Kiul GRP/Jhajha would be obliged to take all coercive measures for securing the attendance of the petitioners, so that trial is taken to 3 its logical conclusion and petitioners are brought to justice. If need be, the learned Magistrate may issue an appropriate direction to the controlling authority of the petitioners for securing their presence in the court. Let this order be communicated to the court below forthwith by fax at the costs of the Office/Registry of this court. Devendra/- (Birendra Prasad Verma, J)