Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.5596 of 2012 ====================================================== 1. Pawan Kumar Patwari S/O Shri B.L. Patwari Resident Of Dumraon Textiles Officers Colony, P.S- Dumraon, District- Buxar. .... .... Petitioner/s Versus 1. The State Of Bihar .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 02/ 29-02-2012 Heard learned counsels for the petitioner and the State. The petitioner is apprehending his arrest in a case registered for the offences punishable under [STATUTE] . It is alleged that the petitioner being the Managing Director of Dumraon Textile Ltd. was entrusted for deduction of the amount under the Employees Provident Fund scheme and Employees Pension scheme, but it is specifically alleged that Employees’ contribution of Provident Fund amount were deducted from the employees but were not deposited in their respective accounts. It is submitted by learned counsel for the petitioner that the Provident Fund contribution of the Patna High Court Cr.Misc. No.5596 of 2012 (2) dt.29-02-2012 2/2 employees have been already been deposited. Considering the aforesaid submission of the learned counsel for the petitioner, let the above named petitioner be released on anticipatory bail in the event of his 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) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Buxar in connection with Dumraon P.S. Case No. 314 of 2011, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. The bail bond of the petitioner will be accepted on verification of the fact that the alleged contribution has already been deposited by the petitioner. The said verification may be made by the learned court below within a period of six weeks till then the petitioner will be enlarged on provisional bail. DKS/ (Dinesh Kumar Singh, J.) .

Applicable IPC Section: 405

Statute Text:
Section 405 of the Indian Penal Code. None. Whoever, being in any manner entrusted with property, or with any dominion over property, dishonestly misappropriates or converts to his own use that property, or dishonestly uses or disposes of that property in violation of any direction of law prescribing the mode in which such trust is to be discharged, or of any legal contract, express or implied, which he has made touching the discharge of such trust, or wilfully suffers any other person so to do, commits "criminal breach of trust".