1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, APPELLATE SIDE NAGPUR BENCH, NAGPUR CRIMINAL APPLICATION NO. 3685 OF 2009 Saurabh Dilipsingh Tahkur Vs. State of Maharashtra Office Notes, Office Memoranda of Coram, appearances, Court orders or directions and Registrar's orders Court's or Judge's orders Shri Chaware Adv for applicant. Smt. Joshi APP for State. CORAM: C. L. PANGARKAR J. Dated: 22 nd DECEMBER, 2009. Heard counsel for the applicant and the non applicant. 2. This application is moved under Section 438 of the Code of Criminal Procedure for anticipatory bail. 3. The applicant accused apprehends arrest on account of registration of an offence against him under Section 387 of the Indian Penal Code. It is alleged that the accused applicant had given threat to one Prashant who is a co-student that if he wants to stay in the hostel and take education at Wardha he would be required to pay Rs. 1500/- per month to the accused. It is alleged that in order 2 to extort such money accused had gone to the hostel of the complainant and gave threats there that if the amount is not paid his hands and legs would be broken. It is further alleged that this was informed by the said complainant to one Shri Agnihotri who runs the Engineering College at Wardha. In order to verify this, it is alleged that Agnihotri and others were standing near the gate when accused with other accomplice came there. One of them was apprehended on the spot while others fled away. Report has been lodged and the accused therefore apprehends arrest. 5. I have heard the learned counsel for the applicant and the State. Learned counsel for the applicant/accused made a statement before me that case cannot fall under Section 387 of the Indian Penal Code and is covered by Section 385 since there is only a threat of causing injury to the complainant. He submits that an offence under Section 385 is not punishable with death or imprisonment for life and as such there should not be difficulty in granting anticipatory bail. 6. The allegations as made in the complaint go to show that threat that was given was with a view to cause grievous hurt and if the threat is one with a view to cause grievous hurt offence falls under Section 387 Indian Penal Code. At this stage it cannot be said 3 that charge against the applicant is groundless and as such the accused applicant is not entitled to any anticipatory bail. Application is rejected. JUDGE svk 4 5 6