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    Ravi Wa

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    bipul pandey
    This document is a petition for anticipatory bail filed in the Court of Additional Sessions Judge in Muzaffarpur, Bihar, India. [1] The petitioners are seeking anticipatory bail in connection with a case registered under sections 447, 384, 504, 506 and 34 of the IPC pending before the Chief Judicial Magistrate in Muzaffarpur. [2] The petition argues that the case is the result of a civil dispute over ancestral property and has been falsely implicated by the informant, a local politician, in an attempt to seize the petitioner's property. [3] The petition further claims that no offense under section 384 of IPC, relating to extortion, is made out

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    Ravi Wa

    Uploaded by

    bipul pandey
    28 views3 pages
    This document is a petition for anticipatory bail filed in the Court of Additional Sessions Judge in Muzaffarpur, Bihar, India. [1] The petitioners are seeking anticipatory bail in connection with a case registered under sections 447, 384, 504, 506 and 34 of the IPC pending before the Chief Judicial Magistrate in Muzaffarpur. [2] The petition argues that the case is the result of a civil dispute over ancestral property and has been falsely implicated by the informant, a local politician, in an attempt to seize the petitioner's property. [3] The petition further claims that no offense under section 384 of IPC, relating to extortion, is made out

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    RAVI WA

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    This document is a petition for anticipatory bail filed in the Court of Additional Sessions Judge in Muzaffarpur, Bihar, India. [1] The petitioners are seeking anticipatory bail in connection with a case registered under sections 447, 384, 504, 506 and 34 of the IPC pending before the Chief Judicial Magistrate in Muzaffarpur. [2] The petition argues that the case is the result of a civil dispute over ancestral property and has been falsely implicated by the informant, a local politician, in an attempt to seize the petitioner's property. [3] The petition further claims that no offense under section 384 of IPC, relating to extortion, is made out

    Copyright:

    © All Rights Reserved
    Download as DOC, PDF, TXT or read online from Scribd
    Download as doc, pdf, or txt
    28 views3 pages

    Ravi Wa

    Uploaded by

    bipul pandey
    This document is a petition for anticipatory bail filed in the Court of Additional Sessions Judge in Muzaffarpur, Bihar, India. [1] The petitioners are seeking anticipatory bail in connection with a case registered under sections 447, 384, 504, 506 and 34 of the IPC pending before the Chief Judicial Magistrate in Muzaffarpur. [2] The petition argues that the case is the result of a civil dispute over ancestral property and has been falsely implicated by the informant, a local politician, in an attempt to seize the petitioner's property. [3] The petition further claims that no offense under section 384 of IPC, relating to extortion, is made out

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    © All Rights Reserved
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    of 3

    IN,

    The Court of Additional Sessions Judge V


    MUZAFFARPUR
    Anticipatory Bail Petition No.1331 of 2021
    Ravi Kumar @ Pappu & Another -------------Petitioners
    VERSUS
    The State of Bihar------------------------- Opposite Party
    The humble Written submissions on
    behalf of the petitioners:----
    Most Respectfully Sheweth:--------
    1. That By this Anticipatory Bail petition the petitioners pray for
    grant of Anticipatory Bail to them who apprehend arrest in
    connection with Ahiyapur P.S. Case No. 335 of 2019 pending
    before Chief Judicial Magistrate, Muzaffarpur.
    2. That the instant case is result of Civil Dispute. The
    informant Laxman Paswan is local politician and property
    dealer. In order to grab the ancestral land and house of the
    petitioners the informant has implicated them in the present false
    and fabricated case. (Paragraph 6 of Anticipatory Bail Petition)

    3. That Civil Suits pertaining to the property mentioned in the FIR


    are already pending in competent courts. (Paragraph 9 of
    Anticipatory Bail Petition).

    4. That the property which is bone of contention between the


    petitioners and the informant is ancestral property of the
    petitioners. The petitioners alongwith their family live on the said
    property since more than 50 years. (Paragraph 5 of Anticipatory
    Bail Petition)

    5. That the instant case has been registered under Sections 447,
    384,504,506 and 34 of IPC. All of them are bailable except
    Section 384 of IPC.

    6. It is settled principle of Law that in order to constitute a case


    under Section 384 of IPC there must be inducement and threat on
    the informant by the petitioners and valuable security or property
    must be delivered to the petitioners by the informant under threat.

    7. That it has been held by the Hon’ble Supreme Court and Hon’ble
    Patna High Court that in order to constitute a case under Section
    384 of the IPC there must be delivery of property by the informant
    to the petitioners. If there has been no delivery of property or
    valuable security a case under Section 384 of IPC cannot be made
    out.

    8.Hon’ble Patna High Court has held—“Thus, what is necessary


    for constituting an offence of 'extortion' is that the prosecution must
    prove that on account of being put in fear of injury, the victim was
    voluntarily delivering any particular property to the man putting
    him into fear. If there was no delivery of property, then the most
    important ingredient for constituting the offence of 'extortion'
    would not be available. Further, if a person voluntarily delivers any
    property without there being any fear of injury, an offence of
    'extortion' cannot be said to have been committed.” (Criminal Misc.
    No.393 of 2015--Suryamuni Devi Versus The State of Bihar)

    9. That on perusal of the FIR and Police diary it appears that the
    informant has alleged that rupees ten lacks were demanded by the
    petitioners as extortion money. The FIR or case diary does not
    mention that any money or valuable security was given to the
    petitioners by the informant or his family. The informant has
    alleged that on demand of Extortion money he fled away to save
    his life. Thus it is crystal clear that the informant has not given the
    alleged extortion money to the petitioners at all.

    10. That in view of the circumstances mentioned above and the


    material available on record no case under section 384 of IPC is
    made out against the petitioners.

    11. That the petitioners have no criminal antecedent. (Para 12


    of the Anticipatory Bail Petition)
    It is, therefore, prayed that Your Honour
    may graciously be pleased to allow this
    application and direct that the petitioners be
    released on bail forthwith either on arrest or
    on surrender in connection with Ahiyapur
    P.S. Case No. 335 of 2019 pending in the
    Court of Chief Judicial Mgistrate,
    Muzaffarpur
    And for this the petitioners will ever pray.

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