Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.45634 of 2012 ====================================================== 1. Kishore Paswan S/O Singeshwar Paswan R/O Ithara Gram Panchyal Hayatpur, P.S. And Distt. - Araria 2. Fatkan Paswan S/O Singeshwar Paswan R/O Ithara Gram Panchyal Hayatpur, P.S. And Distt. - Araria 3. Singheshwar Paswan S/O Late Yugal Paswan R/O Ithara Gram Panchyal Hayatpur, P.S. And Distt. - Araria 4. Gopal Paswan S/O Fatkan Paswan R/O Ithara Gram Panchyal Hayatpur, P.S. And Distt. - Araria .... .... Petitioners Versus The State Of Bihar .... .... Opposite Party ====================================================== Appearance : For the Petitioners : Mr. Sabal Kumar Jha, Advocate AOR NO.04053 For the State : Mr. Bipon Kumar, A.P.P. AOR NO.4540 ====================================================== CORAM: HONOURABLE DR. JUSTICE RAVI RANJAN ORAL ORDER 2 18-12-2012 Heard learned counsel for the petitioners and the State. Petitioners apprehend their arrest in connection with Complaint Case No.1827C of 2007 filed for the alleged offences punishable under [STATUTE] . The complainant has made allegation that on 1.6.2007, the petitioners demanded kerosene oil from the complainant who is a P.D.S. Dealer and when she refused then they threatened her and demanded extortion money of Rs.25,000/-. Patna High Court Cr.Misc. No.45634 of 2012 (2) dt.18-12-2012 2 / 3 2 Thereafter, on 10.6.2007, again some altercation took place between the parties and the petitioners assaulted the son of the complainant, namely, Bikram Kumar Choudhary by slaps and fists and took away many articles. It is submitted on behalf of the petitioner that on 14.6.2007, petitioner no.1 had filed a complaint case against the complainant and his family members, which was sent to the police under Section 156(3) of the Code of Criminal Procedure for lodging First Information Report and investigation. Thereafter, the F.I.R. as contained in Annexure-2 was lodged on 20.6.2007. It is submitted that the complaint case, which was filed on 20.7.2007, is nothing but a counter blast to the above case and an after thought otherwise there is no explanation as to why for the alleged offences on 1.6.2006 as well as on 10.6.2006, the complaint case was filed after more than 20-30 days. Learned counsel for the State has submitted that this aspect has been considered by the 1st A.D.J., Araria, while rejecting the anticipatory bail application. He has opined that the complaint filed by the petitioner is of the date 14.6.2007 for the occurrence of 13.6.2007 whereas the occurrence mentioned in the present complaint case is of 1.6.2007, thus, the case cannot be held to be a counter blast of the aforesaid case. However, learned Patna High Court Cr.Misc. No.45634 of 2012 (2) dt.18-12-2012 3 / 3 3 counsel for the State has not been able to answer as to why, if the occurrence was of 1.6.2007, then the complaint was filed after one month on 2.7.2007. Having regard 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 J.M.Ist Class, Araria in Complaint Case No.1827C of 2007, subject to the condition as laid down under Section 438(2) of Cr.P.C. N.H./- (Dr. Ravi Ranjan, J)

Applicable IPC Section: 406

Statute Text:
Section 406 of the Indian Penal Code. Criminal breach of trust. Whoever commits criminal breach of trust shall be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both.