Case Facts:
Patna High Court Cr.Misc. No.34046 of 2012 (2) dt.19-09-2012 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.34046 of 2012 ====================================================== Parmeshwar Yadav .... .... Petitioner/s Versus The State Of Bihar .... .... Opposite Party/s CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 02 19.09.2012 Heard learned counsel for the petitioner as well as learned Addl. Public Prosecutor for the State assisted by learned counsel for the complainant. Petitioner being husband of complainant is languishing in jail custody since 21.1.2012 in a case in which cognizance has been taken under [STATUTE] . Learned counsel for the petitioner submits that the petitioner is still ready to keep the complainant with full honour and dignity and it is the complainant who does not want to lead her conjugal life with the petitioner and she is only interested to keep the petitioner behind the bar. Learned counsel appearing for the complainant submits that complainant is also ready to lead her conjugal life with the petitioner but it is the petitioner who does not want to keep the complainant with him. In the aforesaid circumstances, petitioner, namely, Parmeshwar Yadav is directed to be released on provisional bail for a period of six months from the date of his release in connection with Complaint Case No. 118 of 2010 corresponding to Trial no.2086/2011 on furnishing bail bonds of Rs. 10,000/- with two Patna High Court Cr.Misc. No.34046 of 2012 (2) dt.19-09-2012 sureties of the like amount each to the satisfaction of Sri Nitish Kumar, Judicial Magistrate, Ist Class, Sherghati, District Gaya subject to the condition that after release of the petitioner from judicial custody, the learned trial court shall issue notice to the petitioner as well as complainant fixing a date for reconciliation and shall take all possible steps to patch up the dispute of the parties and in the above stated attempt, if he succeeds to patch up the dispute of the parties, he shall pass order for confirmation of bail of the petitioner but if he fails due to rigid approach of the petitioner, he shall report the matter to this court without confirming provisional bail granted to the petitioner. It goes without saying that if the aforesaid effort fails on account of rigid and non-cooperative approach of the complainant, the provisional bail of the petitioner shall be confirmed by the court below itself. All the aforesaid efforts must be done within the above stated period of six months. Shahid ( Hemant Kumar Srivastava, 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.