Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.3491 of 2012 ====================================================== 1. Shiv Raj Ram 2. Mahavir Prasad .... .... Petitioner/s Versus The State Of Bihar .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 03/ 06-03-2012 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 the alleged that the complainant’s father took loan of Rs.6300/- from Land Development Bank, Masrakh Branch in the year 1975. It is further alleged that as per the Government decision in 1989 loan up to Rs.10,000/- was waived under the loan relief scheme but thereafter complainant received notice from the bank to deposit Rs.15438/- which suggests that the petitioners being the then Field Officer and present Field Officer did not deposit the Patna High Court Cr.Misc. No.3491 of 2012 (3) dt.06-03-2012 2/3 loan taken by the father of the complainant. The case was instituted in the year 2002. The certified copy of the order dated 27.05.2010 has been produced to show that the notices have not been served upon the petitioners till 27.05.2010. Let the said order be kept on record. It is submitted by learned counsel for the petitioners that the petitioner Mahavir Prasad was discharged from the bank on 31.08.1999 and petitioner Shiv Raj Ram was posted thereafter. The loan was sanctioned in the year 1975 and the loan was waived in 1989, hence neither petitioner no. 1 nor petitioner no. 2 can be held responsible for the misappropriation of the loan amount. Considering the aforesaid submissions, 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 furnishing bail bond of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of Shri Ravi Shankar, learned Judicial Magistrate, Ist Patna High Court Cr.Misc. No.3491 of 2012 (3) dt.06-03-2012 3/3 Class, Saran at Chapra in connection with Tr. No. 1434 of 2010 arising out of Complaint Case No. 1182 of 2002, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. 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.