Case Facts:
Patna High Court Cr.Misc. No.5193 of 2011 (2) dt.29-03-2012 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.5193 of 2011 ====================================================== Md. Misbahuzzoha @ Missbahu Zoha & Ors. .... .... Petitioner/s Versus The State Of Bihar & Anr .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. M.P.Bhartee & Mr. S.K.Bhartee,Adv. For the State: Dr.Rabindrfa Kumar, A.P.P. For Opposite Party No.2 : Mr.Akhileshwar Prasad Singh, Sr. Adv. Mr. S.K.Barnwal,Adv. ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 2 29-03-2012 Heard learned counsel for the petitioners, for the State and for O.P.No.2. Petitioners are challenging the order dated 13th December 2010 by which the application for discharge has been rejected on the ground that there are sufficient materials against the petitioners for framing of charge [STATUTE] he petitioners, husband/petitioner has already given divorce and entered into marriage with another girl which is apparent from the authority given by Imarate Saria, Phulwarisharif and it is further stated that in another case the complainant stated that she is living in her Maike. In that view of the matter, the question of torture on her does not arise. The Patna High Court Cr.Misc. No.5193 of 2011 (2) dt.29-03-2012 authority that has been given by Imarate Saria is not a public document and as such, cannot be looked into by this Court and, as such, this Court has to see whether any error has been committed by the court below while considering the application for discharge. As it appears from the record that the court below has considered the relevant factor and has come to a conclusion that there are sufficient materials to proceed with the aforesaid charges. In this view of matter, I do not find any error in the order impugned. This petition is, accordingly, dismissed. However, liberty is given to the petitioners to raise all the points of defence at the appropriate stage. Jay/- (Shivaji Pandey, 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.