Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.45631 of 2012 ====================================================== Urmila Devi W/O Ashok Mishra R/O Village - Bahuarwa, P.S. Gopalpur, District - West Champaran .... .... Petitioner Versus The State Of Bihar .... .... Opposite Party ====================================================== Appearance : For the Petitioner : Mr. Bimlesh Kumar Pandey, Advocate For the State : Mr. Bharat Lal, A.P.P. ====================================================== CORAM: HONOURABLE DR. JUSTICE RAVI RANJAN ORAL ORDER 2 17-12-2012 Heard learned counsel for the petitioner and the State. Petitioner apprehends her arrest in connection with Gopalpur P.S. Case No. 25 of 2012 registered under [STATUTE] and under provision of Rule 40 of the Bihar Minor Mineral Concession Rules, 1972. It is submitted on behalf of the petitioner that there is no seizure of any material by the competent authority. That apart the F.I.R. has been lodged after about 10 months of the inspection by the concerned officer. It is also submitted that Patna High Court Cr.Misc. No.45631 of 2012 (2) dt.17-12-2012 2 / 2 2 no report has been attached with the F.I.R. to show as to how the authority concerned has come to the conclusion that the brick kiln was being run by the petitioner. Learned counsel appearing for the State has submitted that the name of witnesses are in the report itself, however, nothing is written in the F.I.R. as to what was stated by them which has gone against the petitioner. In the facts and circumstances of the case, let the petitioner, namely Urmila Devi be released on bail in the event of arrest/surrender before the court below within a period of six weeks from today in connection with Gopalpur P.S. Case No. 25 of 2012, on furnishing bail bond of Rs.10,000 (Ten Thousand Rupees) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, West Champaran at Bettiah subject to the conditions as laid down under sub- section(2) of Section 438 of the Code of Criminal Procedure. Accordingly, this application is allowed. Spd/- (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.