Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.2075 of 2012 ====================================================== Dhirendra Kumar Ram@Dhirendra Kumar .... .... Petitioner/s Versus The State Of Bihar .... .... Opposite Party/s ====================================================== with Criminal Miscellaneous No.2980 of 2012 ====================================================== 1. Ramesh Dubey 2. Rita Devi .... .... Petitioner/s Versus The State Of Bihar .... .... Opposite Party/s ====================================================== with Criminal Miscellaneous No.2985 of 2012 ====================================================== 1. Rishi Prasad 2. Arjun Kumar 3. Raj Kumar Ram .... .... Petitioner/s Versus The State Of Bihar .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER (Per: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH) 2 24-01-2012 Heard learned counsels for the petitioners and the State. The petitioners are apprehending their arrest in a case registered under [STATUTE] . It is alleged against Dhirendra Kumar @ Dhirendra Patna High Court Cr.Misc. No.2075 of 2012 (2) dt.24-01-2012 2/3 Kumar that he received Rs. 30,000/- under Indira Awas Scheme by filing an affidavit that his father is in the military service and he has no house but subsequently it is found that he has a house. Learned counsel for the petitioner submits that the petitioner belongs to the scheduled castes category and the alleged house is of his uncle and he has made half of the construction from the money receipts and he is a member of B.P.L. It is submitted on behalf of Ramesh Dubey and Rita Devi that they have received the money but they belong to B.P.L. and they have no other house apart from that whereas it is submitted on behalf of Rishi Prasad, Arjun Kumar and Raj Kumar Ram that they have not received the money though the sanction was made in their favour. The accusation made against B.P.L. families creates doubt about the instrumentality of State as before levelling accusation of being beneficiaries under Indira Awas Scheme the prosecution ought to have been launched against the persons who put the petitioners under B.P.L. category. Considering the aforesaid facts, let the above named petitioners be released on anticipatory bail in the event of their arrest or surrender before the learned court below within a Patna High Court Cr.Misc. No.2075 of 2012 (2) dt.24-01-2012 3/3 period of twelve weeks from today, on furnishing the bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Buxar In connection with Simari P.S. Case No. 191 of 2011 subject to the conditions as laid down under Section 438(2) of the Cr. P.C. Let the order be transmitted to the District Magistrate, Buxar. 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.