Case Facts:
Patna High Court Cr.Misc. No.44777 of 2011 (3) dt.14-02-2012 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.44777 of 2011 ================================================== ==== 1. Narendra Kumar Sharma, Son of Late Jai Kumar Sharma 2. Vijay Kumar Sharma @ Birendra Kumar Sharma Son of Late Jai Kumar Sharma. 3. Sunil @ Anil Kumar Sharma, Son of Late Jai Kumar Sharma all are resident of Village - Balhma, P.O. - Babu Amauna, Police Station - Daud Nagar, District - Aurangabad. .... .... Petitioner/s Versus The State of Bihar .... .... Opposite Party/s ================================================== ==== CORAM: HONOURABLE MR. JUSTICE AKHILESH CHANDRA ORAL ORDER 3 14-02-2012 Learned counsel for the petitioners is permitted to make necessary correction in para 1 of the application during course of the day. Counter affidavit has been filed on behalf of complainant opposite party no. 2. Heard learned counsel for the petitioners, learned counsel for the complainant and learned Additional Public Prosecutor for the State. The petitioners, apprehending their arrest in connection with a case registered for the offence punishable under [STATUTE] and 4 of the Dowry Prohibition Act, are named accused in this case with allegation of realizing substantial amount during negotiation for marriage of grand daughter of the complainant Patna High Court Cr.Misc. No.44777 of 2011 (3) dt.14-02-2012 with the petitioner no. 3, but ultimately, on the ground of revealing that he is over age, negotiation put on materialize but on demand the money advanced is not being refunded. Submission is that in fact, there is commercial transaction also between the parties wherein some money was given but still substantial amount is due against the complainant opposite party no. 2 but just to put pressure otherwise present complaint has been filed. While objecting the prayer it is submitted on behalf of the complainant opposite party no. 2 that the amount paid through cheque at least may be returned. Considering the facts and circumstances and nature of allegation, in the event of their arrest/surrender before the court below within four weeks, let the above named petitioners be enlarged on bail on furnishing bail bond of Rs. 10,000/- (ten thousand only) each with two sureties of the like amount each to the satisfaction of Sub- Divisional Judicial Magistrate, Sherghati, Gaya, in connection with Complaint Case No. 455/2010, subject to condition laid down under Section 438 (2) of the Code of Criminal Procedure with additional condition to remain physically present before the court below on each and every date till disposal of the case, in case of failure on two consecutive dates without giving any reasonable explanation, the liberty granted shall be deemed to be cancelled. Rajeev/- (Akhilesh Chandra, J)

Applicable IPC Section: 420

Statute Text:
Section 420 of the Indian Penal Code. Cheating and there by dishonestly inducing delivery of property, or the making, alteration or destruction of a valuable security. Whoever cheats and thereby dishonestly induces the person deceived to deliver any property to any person, or to make, alter or destroy the whole or any part of a valuable security, or anything which is signed or sealed, and which is capable of being converted into a valuable security, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.