Case Facts:
Patna High Court Cr.Misc. No.36714 of 2012 (2) dt.10-10-2011 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.36714 of 2012 ====================================================== Parma Nand Sharma .... .... Petitioner/s Versus The State Of Bihar .... .... Opposite Party/s CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 02/ 10.10.2012 Heard learned counsel for the petitioner as well as learned Addl. Public Prosecutor for the State assisted by learned counsel for the informant. Petitioner is in jail custody since 15.11.2011 in a case registered under [STATUTE] on the allegation that he took Rs one lakh five thousand from the informant on the pretext to get mobile tower installed. The contention on behalf of the petitioner is that the petitioner is ready to pay Rs 40,000/- to the informant without admitting his case because it is stated that the petitioner had issued receipt in respect of the aforesaid Rs 40,000/-. Learned counsel appearing for the informant submits that the informant is, too, ready to accept the aforesaid amount. Considering the aforesaid facts and circumstances as well as submissions of the parties, let the petitioner, Parma Nand Sharma, be released on provisional bail on furnishing bail bonds of Rs 10,000/- with two sureties of the like amount each to the satisfaction of Sri Prashant Kumar, Judicial Magistrate, Ist Class, Khagaria or his successor in Mansi P.S. Case no. 165/2011 subject to condition that the petitioner shall pay the aforesaid amount of Rs 40,000/- to the Patna High Court Cr.Misc. No.36714 of 2012 (2) dt.10-10-2011 informant within a period of three months from the date of his release from judicial custody and shall produce receipt of the aforesaid payment before the lower court within the above stated period and on being production of receipt, learned trial court shall confirm the provisional bail granted to the petitioner. It is made clear that if the informant refuses to accept the aforesaid amount, the petitioner may deposit the aforesaid amount before the trial court itself. Shahid (Hemant Kumar Srivastava,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.