Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.9907 of 2012 ====================================================== 1. Ram Dayal Rai 2. Ram Narain Rai .... .... Petitioner/s Versus 1. The State Of Bihar 2. Vijay Singh .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 05/ 13-08-2012 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 against the petitioners that they received Rs. 9,00,000/- for executing the sale deed, but neither the money was returned nor the sale deed was ex executed. Out of Rs.9,00,000/- Rs. 5,00,000/- was paid through cheque while Rs.4,00,000/- was paid in cash. The petitioners have brought a draft of Rs.5,00,000/- in favour of Indu Devi, wife of the complainant, but learned counsel for the complainant claims altogether Rs.9,00,000/-. The cash amount is not Patna High Court Cr.Misc. No.9907 of 2012 (5) dt.13-08-2012 2/2 admitted by the counsel for the petitioners at present, but it is submitted by learned counsel for the complainant that the same has been admitted in reply to the legal notice earlier given by the petitioners. In the circumstances, let the petitioners deposit Rs.5,00,000/- before the learned court below, which will be invested in some fixed deposit scheme by the learned court below in connection with the present case, which will be subject to the result of the case. On deposit of aforesaid amount, 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 learned Judicial Magistrate, Patna City in connection with Complaint Case No. 657 of 2010, 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.