Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.41744 of 2012 ====================================================== 1. Prabhu Dayal Sharma 2. Abhay Kumar Sharaf. 3. Gauri Shankar Rajgadhia. .... .... Petitioner/s Versus State Of Bihar & Anr .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 2 05-12-2012 Heard learned counsels for the petitioners and the State. The petitioners are apprehending arrest in a complaint case in which cognizance has been taken under [STATUTE] . It is alleged that the petitioners being the Chairman, President and Secretary of Aditya Co-operative Housing Society Ltd., executed an agreement for sale of 22 kathas and 8 durs of land in favour of the complainant on 12.04.2004 when Rs. 15 lacs was paid as advance and the complainant came in possession of the land and invested Rs. 40,73,037/- and thereafter the complainant again paid Rs. 1 lacs but the sale deed was not executed and subsequently in October, 2008 another agreement to sale the same land was executed by the petitioner in favour of some other person on 28.03.2006 and Rs. 34,24,000/- was taken in which the complainant became a witness with the undertaking that Patna High Court Cr.Misc. No.41744 of 2012 (2) dt.05-12-2012 2/2 the difference amount will be paid to the complainant but neither the sale deed was executed nor the payment has been made to the complainant. It is submitted by learned counsel for the petitioner that initial agreement was executed for 11 months in the year 2004 when in the year 2006, the second agreement was executed to some other person in which the complainant was a witness and that agreement was also executed for 11 months whereas the present complaint has been filed in the year 2010. Considering the fact that the complainant himself admits annulment of the initial agreement and agreed to become a witness to the second agreement by virtue of which no right accrues to the complainant, let the above named petitioners be released on anticipatory bail, in the event of arrest or surrender before the learned Court below within a period of 12 weeks from today, on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate, 1st Class, Patna in connection with Complaint Case No. 1442C of 2010, subject to the conditions as laid down under Section 438(2) Cr.P.C. Amrendra/- (Dinesh Kumar Singh, 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.