Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.21728 of 2012 ====================================================== 1. Bimla Singh @ Bimla Sinha W/O Late Om Prakash Singh, D/O Sri Dinesh Singh Resident Of Village- Mahdeopur, P.S.- Masaurhi, District- Patna. .... .... Petitioner/s Versus 1. The State Of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Jogendra Kumar, Advocate. For the Opposite Party/s : Mr. Sanjay Kumar, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 2 12-06-2012 Heard learned counsel for the petitioner and learned counsel for the State. The petitioner apprehends her arrest in connection with a case registered for the offence punishable under [STATUTE] . It is stated that the First Information Report was instituted on the basis of the complaint which was referred to the police in exercise of power under Section 156(3) of the Code of Criminal Procedure. The petitioner is admittedly an employee of an institute to whom the informant has paid certain amount. It is further stated that from the narration made in the complaint none of the ingredients of the offence Patna High Court Cr.Misc. No.21728 of 2012 (2) dt.12-06-2012 2 / 3 2 under section [STATUTE] would be attracted against the petitioner as she is not one who induced the informant to part with the money. Be that as it may, considering the facts and circumstances of the case, let the abovenamed petitioner in the event of her arrest or surrender before the court below within a period of four weeks from the date of receipt/communication of this order, be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand only) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Patna in connection with Kankarbagh P.S. Case No. 209 of 2007 subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure as also on the following conditions: (i) That both the bailors will be close relative of the petitioner who will give separate affidavit giving genealogy as to how he is related with the petitioner. (ii) That the petitioner shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him to disclose such facts to the court or to any other authority. (iii) That she shall remain present before the court on the dates fixed for hearing of the case. If he wants to Patna High Court Cr.Misc. No.21728 of 2012 (2) dt.12-06-2012 3 / 3 3 remain absent, then she shall take prior permission of the court and in case of compelling and unavoidable circumstances for remaining absent, he will immediately inform the court and request that he may be permitted to be present through the counsel. (iv) That liberty is given to the State/complainant to make an appropriate application for modifying/recalling the order granting bail, if for any reason, the petitioner violates any of the conditions imposed by this Court. Vinay/- (Ashwani Kumar Singh, 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.