Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.21416 of 2012 ====================================================== 1. Prabhu Shukla S/O Late Ganga Shukla Resident Of Village- Amarpura, Tola Sistanpur, P.S- Mohammadpur,District- Gopalganj. .... .... Petitioner/s Versus 1. The State Of Bihar .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 2 12-06-2012 Heard learned counsels for the petitioner and the State. The petitioner apprehends his arrest in connection with a case instituted for the offence punishable under [STATUTE] . It is stated that initially the case was filed as a complaint which was referred to the police for institution of first information report and investigation. The complainant has alleged that it was co-accused Keshav Pandey who induced for purchase of land. The co-accused Saraswati Devi executed a sale deed in favour of the informant/complainant posing herself to be Savitri Devi and the allegation against the petitioner is only limited to the extent that he was also one of the person present there. Thus, it is stated that in any view of the matter the main person who is Patna High Court Cr.Misc. No.21416 of 2012 (2) dt.12-06-2012 2 responsible for illegal transaction is either co-accused Keshav Pandey or co-accused Saraswati Devi. Be that as it may, considering the nature of allegation, facts and circumstances of the case let the petitioner, named above, in the event of arrest or surrender within a period of four weeks from the date of receipt/production of a copy of this order be released on bail on furnishing bail bonds of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Gopalganj in connection with Gopalganj P.S. Case No.161 of 2011 subject to the conditions as laid down under section 438(2) Cr.P.C. and also subject to the conditions (i) that both the bailors will be close relative of the petitioner who will give separate affidavit giving genealogy as to how they are 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 he shall remain present before the court on the dates fixed for hearing of the case. If he wants to remain absent, then he shall take prior permission of the court and in case of compelling and unavoidable circumstances for remaining absent, he shall immediately inform the court and Patna High Court Cr.Misc. No.21416 of 2012 (2) dt.12-06-2012 3 request that he may be permitted to be present through 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. Md.S./- (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.