Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.20035 of 2012 ====================================================== Ahamad Ali Anshari, S/o late Noor Mohamad Mia, R/o Village - Thepaha Raja Ram Masjid Tola, P.S.- Ziradei, District – Siwan. .... .... Petitioner/s Versus The State of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Ashok Kumar, Advocate For the Opposite Party/s : Mr. Anish Chandra, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE JYOTI SARAN ORAL ORDER 2 13-06-2012 Heard learned counsel appearing on behalf of the parties. The petitioner apprehends his arrest in connection with Complaint Case No.1761 of 2011 (Tr. No.3718 of 2012) for the offences punishable under [STATUTE] . The petitioner happens to be the purchaser of a piece of land sold by the complainant by virtue of a sale- deed executed on 27.06.2011 placed at Annexure-2 of the proceedings. The allegation as set out in the complaint charges accused no.4 (Suresh Bhagat) who happens to be the brother of the complaint of having entered into a conspiracy and by cheating the complainant he has got the sale-deed executed in favour of the petitioner. Learned counsel for the petitioner with reference Patna High Court Cr.Misc. No.20035 of 2012 (2) dt.13-06-2012 2 to the copy of the sale-deed present at Annexure-2 submits that the procedure for execution of sale-deed has undergone a change and now the vendor is not only required to be present at the time of execution but even his/her photographs as well as the signature is obtained on the sale-deed. He submits that in the aforesaid circumstances the allegation is not correct. He further submits that in any view of the matter the complaint raises a dispute of civil nature. Regard being had to the submission of learned counsel, let the petitioner, namely, Ahamad Ali Anshari in the event of his arrest or surrender within four weeks from the date of receipt/production of a copy of this order be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Sub-Divisional Judicial Magistrate, Siwan in connection with Complaint Case No.1761 of 2011 (Trial No.3718 of 2012); subject to the stipulations as laid down under section 438(2) of the Code of Criminal Procedure. SKPathak/- (Jyoti Saran, 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.