Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.24720 of 2012 ====================================================== Debrani Devi .... .... Petitioner/s Versus The State Of Bihar .... .... Opposite Party/s ====================================================== With Criminal Miscellaneous No.27311 of 2012 ====================================================== Sushila Devi .... .... Petitioner/s Versus The State Of Bihar .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 03/ 14-09-2012 Heard learned counsels for the petitioners and the State. The petitioners being the Incharge Headmistress and the teacher of the school are apprehending their arrest in a case registered for the offences punishable under [STATUTE] . It is alleged that Rs.1,07,800/- was given for erecting boundary wall of the school when Rs.56,700/- was given for constructing kitchen and Rs.46,000/- was given for other repairing work when it is found that in the boundary wall old brick was used when work of the Patna High Court Cr.Misc. No.24720 of 2012 (3) dt.14-09-2012 2/2 kitchen was found incomplete and no repairing work was done. It is submitted by learned counsel for the petitioners that subsequently it is found that the work of the boundary wall and kitchen was complete and as per the accusation it is only a question of irregularity and not illegality. Considering the aforesaid facts, let the above named petitioners be released on anticipatory bail on deposit of Rs.25,000/- each before the learned court below, which will invested in some fixed deposit scheme in connection with the present case, which will be subject to the result of the case, in the event of their arrest or surrender before the learned court below within a period of twelve weeks from today, on furnishing bail bond of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of learned ACJM, Naugachia in connection with Gopalpur P.S. Case No. 07 of 2011, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. DKS/ (Dinesh Kumar Singh, J.)

Applicable IPC Section: 409

Statute Text:
Section 409 of the Indian Penal Code. Criminal breach of trust by public servant or by banker, merchant or agent, etc. Whoever, being in any manner entrusted with property, or with any dominion over property in his capacity of a public servant or in the way of his business as a banker, merchant, factor, broker, attorney or agent, commits criminal breach of trust in respect of that property, shall be punished with imprisonment for life, or with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.