Case Facts:
Patna High Court Cr.Misc. No.33148 of 2012 (3) dt.29-11-2012 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.33148 of 2012 ====================================================== Sanju Devi @ Smt. Sanju Devi .... .... Petitioner/s Versus The State Of Bihar .... .... Opposite Party/s ====================================================== With Criminal Miscellaneous No.31149 of 2012 ====================================================== Amit Kumar Sinha .... .... Petitioner/s Versus The State Of Bihar .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 03/ 29-11-2012 Heard learned counsels for the petitioners and the State. The petitioners being the Panchayat Mukhiya and Panchayat Rojgar Sewak are apprehending their arrest in a case registered for the offences punishable under [STATUTE] . It is alleged that for the two schemes being Scheme No. 2/10-11 and 4/11-12 meant for the construction of RCC culvert and for cleaning the water channel the enquiry was conducted by Senior Deputy Collector, Nawada and Assistant Engineer, NREP when Patna High Court Cr.Misc. No.33148 of 2012 (3) dt.29-11-2012 it was found that in Scheme No. 4/11-12 excess payment of Rs.1,29,000/- was made and in Scheme No. 2/10-11 excess payment of Rs.5,892/- was made. It is submitted on behalf of Panchayat Mukhiya that the cheques were issued to the post-office through which the payments were made to the labourers when the measurement was done by Junior Engineer, which was approved by the Executive Engineer when it is submitted on behalf of Panchayat Rojgar Sewak that earlier Panchayat Rojgar Sewak, who executed the work, or the Junior Engineer and the Executive Engineer were not made accused and during the period of the petitioner only cheques were issued. Considering the nature of irregularity and the fact that the petitioners undertake to deposit Rs.25,000/- each before the learned court below, which will be invested by the learned court below in some fixed deposit scheme in connection with the present case, which will be subject to the result of the case, 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 period of twelve weeks from today, Patna High Court Cr.Misc. No.33148 of 2012 (3) dt.29-11-2012 on furnishing bail bond of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of learned CJM, Nawada in connection with Hisua P.S. Case No. 79 of 2012, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. The bail bonds of the petitioners shall be accepted on deposit of the aforesaid amount. DKS/ (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.