Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.7599 of 2012 ====================================================== Maha Vidya Jha .... .... Petitioner/s Versus The State Of Bihar .... .... Opposite Party/s ====================================================== with Criminal Miscellaneous No.11423 of 2012 ====================================================== Bhairaw Kumar .... .... Petitioner/s Versus The State Of Bihar .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 4 03-07-2012 Heard learned counsels for the petitioner and the State. The petitioner is apprehending arrest in a complaint case in which cognizance has been taken under [STATUTE] . It is alleged that the complainant’s son Ranjan Kumar was staying in the residential school of the accused persons when he was assaulted and some pointed weapons were pierced in his right eye. The petitioners are the headmaster and teacher of the concerned school. It is submitted by learned counsel for the petitioners that the victim was admitted in the residential school but he was not present at the alleged date of occurrence and medical report does Patna High Court Cr.Misc. No.7599 of 2012 (4) dt.03-07-2012 2/3 not suggest that any pointed weapon was used in the eye of the victim. Moreover, for occurrence of 20.02.2010 the complaint has been filed on 11.03.2010. It is submitted by learned counsel for the complainant that the injury was grievous and the medical report has been brought on record which suggests that the victim was examined for pain and loss of vision after one week of the alleged occurrence. The matter was adjourned on 25.06.2012 to produce the certificate to suggest that the complainant’s son suffered from complete loss of vision but, in spite of the matter being adjourned, no medical report to that effect has been produced. The petitioners undertakes to deposit Rs. 10,000/- each before the learned court below which will be released in favour of the complainant provided to withdraw the case and if the complainant does not agree to withdraw the case then the money will be invested in some fix deposit scheme in the connection with the present case which will be subject to the result of the present case. Considering the delayed lodging of the complaint when no specific medical report with regard to permanent loss of vision of the complainant’s son has been brought on record, let the Patna High Court Cr.Misc. No.7599 of 2012 (4) dt.03-07-2012 3/3 above named petitioners be released on anticipatory bail, in the event of arrest or surrender before the learned Court below within a period of 12 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 the learned Chief Judicial Magistrate, Motihari, East Champaran in connection with Complaint Case No. C-474 of 2010, subject to the conditions as laid down under Section 438(2) Cr.P.C. Amrendra/- (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.