Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.20746 of 2012 ====================================================== 1. Vijay Shankar Sharan 2. Vishwadeo Gandhi Sharan .... .... Petitioner/s Versus 1. The State Of Bihar 2. Ramesh Jha .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 05/ 05-11-2012 Heard learned counsels for the petitioners and the State. The petitioners are apprehending their arrest in a complaint case in which cognizance has been taken for the offences punishable under [STATUTE] . It is alleged that petitioner no. 1 intially took Rs.10,340/- as processing fee for providing loan to the complainant from Western Financial Services. Subsequently, petitioner no. 1 took Rs. 2,05,440/- as 50% of the loan amount for processing the loan to the complainant from Western Financial Services. It is submitted by learned counsel for the petitioner that the wife of the complainant sanctioned Patna High Court Cr.Misc. No.20746 of 2012 (5) dt.05-11-2012 2/3 loan of Rs. Four lakhs out of which Rs.1,50,000/- was paid to the wife of the complainant as first installment for establishing that the second installment of Rs.2,50,000/- will be given to her on return of the first installment of loan amount and the alleged amount was given by way of repayment of the loan taken by the wife of the complainant along with interest of Rs.26,000/- and there is no specific accusation against petitioner no. 2. The notices were issued to O.P No. 2 on 25.06.2012. It appears that in spite of valid service of notice O.P. No. 2 chose not to appear, though the matter has been adjourned for the appearance of O.P. No. 2 on several occasions. The petitioner no. 1 undertakes to deposit Rs. One lakh within a period of six months before the learned court below, which will be invested by the learned court below in some fixed deposit scheme, which will be subject to the result of the case. Considering the aforesaid facts, 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, on Patna High Court Cr.Misc. No.20746 of 2012 (5) dt.05-11-2012 3/3 furnishing bail bond of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of learned CJM, Muzaffarpur in connection with Complaint Case No. 3489 of 2010, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. The bail bonds of petitioner no. 1 shall be accepted provisionally till 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.