Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.30100 of 2012 ====================================================== 1. Rekha Devi 2. Subodh Kumar .... .... Petitioner/s Versus The State Of Bihar .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 03/ 23-11-2012 Heard learned counsels for the petitioners and the State. The petitioners being the Panchayat Mukhiya and her husband are apprehending their arrest in a case registered for the offences punishable under [STATUTE] . The accusation is of non-payment of the wages to the labourers under MANREGA scheme. It is submitted by learned counsel for the petitioners that the report of the Programme Officer dated 30.03.2012 which is at page 33 of the application does not reflect any specific accusation against the petitioners and the revised report at page 63 of the application dated 31.03.2012 does not also reflect Patna High Court Cr.Misc. No.30100 of 2012 (3) dt.23-11-2012 2 / 2 2 complicity of the petitioners when the complainant failed to file any complaint in writing. The name of the petitioner Mukhiya sprang up on the report of the Superintendent of Post office where it is alleged that the payments were made to the labourers on the identification of petitioner Mukhiya when some of the pass-books were being kept by the Mukhiya when nothing has been alleged against petitioner no. 2. Considering the report of the Programme Officer as well as initial complaint of the labourers, who were made allegation against the Panchayat Secretary and the Post-master, let the above named petitioners be released on anticipatory bail 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 CJM, Nawada in connection with Rajauli P.S. Case No. 57 of 2012, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. DKS/ (Dinesh 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.