Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.7548 of 2010 ====================================================== Uday Shankar Prasad Singh, Son of Jai Jai Ram Singh, Resident of Village – Rahimpur, P.S. Mufassil, District – Khagariya. At present residing at Prabhat Colony, P.S. – K. Haat, District – Purnea. .... .... Petitioner/s Versus 1. The State Of Bihar. 2. Kailash Prasad Singh, Son of Achhelal Singh, Resident of Mohalla- Khushki bagh, P.S. Sadar, District – Purnea. 3. Prasun Choudhary, Son of Hari Prasad Choudhary, resident of Rangbhomi Maidan, P.S. – Sadar, District – Purnea. At present residing at Campus of Mahila College, Purnea. .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Amit Kumar For the Opposite Party/s : Mr. ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 3 09-07-2012 Heard Sri Ajay Thakur, learned counsel, who was assisted by Mr. Amit Kumar, learned counsel for the petitioner, Sri Nityanand, learned Additional Public Prosecutor as well as Sri Ashutosh Jha, learned counsel, who has appeared on behalf of opposite party no. 3. After some argument, learned counsel for the petitioner seeks permission to withdraw this petition with liberty to raise the points which have been raised in the present petition at the stage of charge. It was argued that though it was a case for the offence under [STATUTE] . besides [STATUTE] ., learned Magistrate has incorrectly taken cognizance of offence only under Section 418 of the Indian Penal Patna High Court Cr.Misc. No.7548 of 2010 (3) dt.09-07-2012 2 / 2 2 Code. Be that as it may, if so advised, petitioner may raise all the points at the stage of charge. The petition stands dismissed as withdrawn with liberty as indicated above. Praful/- (Rakesh Kumar, 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.