Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.45628 of 2012 ====================================================== 1. Subodh Mandal S/O Late Shatrughan Mandal R/O Village - Ghusaki, P.S. Barari, District - Katihar 2. Most. Shakuntala Devi @ Shakuntla Devi, W/O Late Satrughan Mandal R/O Village - Ghusaki, P.S. Barari, District - Katihar 3. Basant Yadav S/O Late Jitan Yadav R/O Village - Ghusaki, P.S. Barari, District - Katihar 4. Dinesh Sah @ Dinesh Pd. Sah S/O Late Jageshwar Sah R/O Village - Ghusaki, P.S. Barari, District - Katihar .... .... Petitioners Versus The State Of Bihar .... .... Opposite Party ====================================================== Appearance : For the Petitioners : Mr. Yogendra Prasad Sinha, Advocate A.O.R.02323 Mr. Suresh Prasad, Advocate A.O.R.01797 Mr. Anshuman Jaipuriyar, Advocate A.O.R.02957 For the State : Mr. Dashrath Mehta, A.P.P. A.O.R.04144 ====================================================== CORAM: HONOURABLE DR. JUSTICE RAVI RANJAN ORAL ORDER 2 18-12-2012 Heard learned counsel for the petitioners, State and the informant. Petitioners apprehend their arrest in connection with Barari P.S. Case No.202 of 2012 registered for the offences punishable under [STATUTE] . Allegation in the First Information Report is that the petitioner nos.1 and 2 executed a sale deed in favour of petitioner Patna High Court Cr.Misc. No.45628 of 2012 (2) dt.18-12-2012 2 / 3 2 no.3 and the petitioner no.4 has stood as witnesses in the sale deed though 61 decimals land concerned was given by Late Krishnawati Devi through a registered will dated 23.10.1979 her grand son Rajesh Mandal, about 10.25 dec. to Avinash mandal and 20.25 dec. to Diwakar Mandal and Milan Mandal. All of them came in possession and their names were mutated in the revenue rents. However, the petitioner nos.1 and 2 have transferred the land belonging to Late Avinash Mandal which has been inherited by the informant after his death being his widow, in favour of petitioner no.3. Learned counsel for the petitioners has submitted that there was already a dispute between the parties with regard to the plot no.3819, which was resolved vide Annexure2, which is Panchnama. The informant has also put her thumb impression upon the aforesaid document and in view thereof the petitioner nos.1 and 2 were also allotted 25 decimals each of the concerned land. It is submitted that they have transferred only 8 dec. out of their share. It is urged that the dispute is of civil nature. It is also stated that the petitioners have also preferred a Title Suit No.297 of 2012 (Annexure-3) for declaration of their share out of certain immovable properties which also includes plot no.3819. Though learned counsel for the informant has Patna High Court Cr.Misc. No.45628 of 2012 (2) dt.18-12-2012 3 / 3 3 vigorously submitted that the transferred land belongs to the informant but the Annexure-3 has not been disputed. Having regards to the aforementioned facts and circumstances, let the petitioners above named, in the event of their arrest or surrender before the court below within six weeks from today, be released on anticipatory bail on their furnishing bail bond of Rs.10,000/- (ten thousand)each with two sureties of the like amount each to the satisfaction of C.J.M., Katihar in Barari P.S. Case No.202 of 2012, subject to the condition as laid down under Section 438(2) of Cr.P.C. N.H./- (Dr. Ravi Ranjan, J)

Applicable IPC Section: 419

Statute Text:
Section 419 of the Indian Penal Code. Cheating by personation. Whoever cheats by personation shall be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both.