Case Facts:
Patna High Court Cr.Misc. No.38640 of 2011 (4) dt.29-06-2012 1 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.38640 of 2011 ====================================================== Pradeep Kumar Sinha, son of late Harihar Mahto, resident of village Tumaria Tola, Ward No. 2, Raxaul, P.S. Raxaul (Haraiya) district East Champaran .... Petitioner Versus 1. The State Of Bihar 2. Kanhaiya Thakur, s/o late Motor Thakur, resident of village Gamharia, P.S. Raxaul, district East Champaran .... Opposite Parties ====================================================== CORAM: HONOURABLE MR. JUSTICE GOPAL PRASAD ORAL ORDER 4 29-06-2012 Heard the learned counsel for the petitioner, the investigation and the State. This is a petition for grant of anticipatory bail for offence under [STATUTE] . It is alleged that the informant took a policy through the petitioner, who is the agent of Life Insurance Corporation of India and on that policy is took a loan of Rs.25,000/-. However, it is alleged that after receiving the loan he returned the money to the Life Insurance Corporation’s of India agent to be depositing in the account and it is alleged that the same was not deposited. It is, further, alleged that Rs.61,000/- was taken as loan and it is alleged that it was forged signature. However, in paragraph 29 of the case diary, the investigation officer has stated that the informant has accepted his signature on the loan paper, but, shown his inability to mention that when he has signed, which can only be decided in trial. Hence, having regard to the facts and circumstances of the case, the petitioner, above named, in the event of his arrest or surrender, within four weeks from the date of receipt of this order, is directed to be released on anticipatory bail on furnishing bail bound of Rs.10,000/- (rupees ten thousand) with two sureties of the like amount each in connection with Raxaul (Haraiya) P.S. Case No. 12 of 2010 to the satisfaction of the Chief Judicial Magistrate, East Champaran, Motihari, subject to the condition laid down under Section 438(2) of the Criminal Procedure Code subject to the condition that the petitioner shall appear in Court on Patna High Court Cr.Misc. No.38640 of 2011 (4) dt.29-06-2012 2 each and every date, fixed in the case and any absence, on two consecutive dates, without any reasonable ground to the satisfaction of the Court below, shall be a ground of cancellation of bail of the petitioner by the lower Court itself and the trial shall be expedited for early disposal. SA/- (Gopal Prasad, J)

Applicable IPC Section: 423

Statute Text:
Section 423 of the Indian Penal Code. Fraudulent execution of deed of transfer containing a false statement of consideration. Whoever dishonestly or fraudulently signs, executes or becomes a party to any deed or instrument which purports to transfer or subject to any charge any property, or any interest therein, and which contains any false statement relating to the consideration for such transfer or charge, or relating to the person or persons for whose use or benefit it is really intended to operate, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.