Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.2640 of 2012 ====================================================== 1. Ramdhari Mahto 2. Suresh Yadav .... .... Petitioner/s Versus The State Of Bihar .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 03/ 27-03-2012 Heard learned counsels for the petitioners and the State. The petitioners being the Panchayat Mukhiya and the Panchayat Secretary are apprehending arrest in a case registered for the offences punishable under [STATUTE] . The accusation is of appointing a fraudulent person as Anganwari Sewika. It appears that initially one Laxmi Kumari W/o Binod Kumar Prasad was appointed on the basis of forged mark-sheet when Barharia P.S. Case No. 70 of 2007 was registered against Laxmi Kumari. During investigation it appears that the same Laxmi Kumari W/o Binod Kumar Prasad has again been appointed as Anganwari Sewika by changing her name Patna High Court Cr.Misc. No.2640 of 2012 (3) dt.27-03-2012 2/2 as Lalita Kumari. It is submitted by learned counsel for the petitioners that in the Aamsabha of Panchayat C.D.P.O. and other officials also participated when the name of Lalita Kumari was approved. Considering the nature of accusation, this Court is not inclined to grant anticipatory bail to the petitioners. This application is dismissed. Let S.P., Siwan verify the matter as to how and others, who participated in the Aamsabha by virtue of which Lalita Kumari has been fraudulently appointed by impersonating Laxmi Kumari, have not been made accused in this case. Let the order be transmitted to the S.P., Siwan in connection with Barharia P.S. Case No. 223 of 2011 pending in the court of learned Chief Judicial Magistrate, Siwan. 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.