Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.45609 of 2012 ====================================================== 1. Ram Sakhi Devi W/O Late Mukha Rai R/O Mohalla - Daldali Road, Danapur, P.S. Danapur, District - Patna 2. Pushpa Devi W/O Manoj Rai R/O Mohalla - Daldali Road, Danapur, P.S. Danapur, District - Patna 3. Sanoj Rai S/O Late Mukha Rai R/O Mohalla - Daldali Road, Danapur, P.S. Danapur, District - Patna .... .... Petitioners Versus The State Of Bihar .... .... Opposite Party ====================================================== Appearance : For the Petitioners : Mr. Harish Kumar, Advocate For the State : Mr. Suman Kumar Singh, A.P.P. For the Complainant : Mr. Kameshwar Pd. Sinha, Advocate ====================================================== CORAM: HONOURABLE DR. JUSTICE RAVI RANJAN ORAL ORDER 2 17-12-2012 Heard learned counsel for the petitioners, State as well as the complainant. Petitioners apprehend their arrest in a complaint case filed under [STATUTE] . It is alleged in the complaint case that the petitioner no.1 has executed the sale deed in favour of her son and daughter- in-law of about 80 decimals of land belonging to the joint family. Learned counsel for the petitioners has submitted that there was already a partition in the family vide Annexure-2 and, thereafter, the land belongs to the Mukha Rai and second wife and the sons of the petitioners. In above view of the matter, it is submitted that Patna High Court Cr.Misc. No.45609 of 2012 (2) dt.17-12-2012 2 / 3 2 the complainant and their family have already received their share and, thus, they have no right to challenge the sale deed. However, it is also submitted that the complainant had moved before Deputy Collector Land Reforms, Danapur in Land Dispute Redressal Case No.09/11-12. The case has been closed after holding that the issue involved was with respect to civil dispute and it should be decided by the civil court of competent jurisdiction. Learned counsel has also submitted that thereafter Title Suit No.75/2012 has already been filed. Per contra, learned counsel appearing for the complainant has submitted that the property was never partitioned and they have already got share in the property and the entire property has dishonestly been sold to the sons and daughter-in- law. Learned counsel appearing for the State has also submitted that the complainant has transferred the land belonging to her share. However, in view of the fact that title suit is going on, this matter appears to be a dispute of civil nature and in the aforesaid facts and circumstances, in the event of arrest/surrender within a period of six weeks from today in complaint case no.113(c)/12, the above named petitioners, Ram Sakhi Devi, Pushpa Devi and Sanoj Rai shall be released on bail on furnishing Patna High Court Cr.Misc. No.45609 of 2012 (2) dt.17-12-2012 3 / 3 3 bail bond of Rs.10,000( Ten Thousand Rupees) with two sureties of the like amount each to the satisfaction of Sri Pankaj Chauhan, J.M., Ist Class, Danapur subject to the conditions as laid down under sub-section(2) of Section 438 of the Code of Criminal Procedure. However, it is made clear that the trial concerned would proceed on its own merit and in accordance with law and the court concerned should take a final decision without being prejudiced by any observations or findings recorded by this Court in the present order. Sanjay-II/- (Dr. Ravi Ranjan, 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.