Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.45619 of 2012 ====================================================== Annapurna Thakur W/O Rajeevanand Thakur R/O Village - Balua Deodhi, P.S. Palasi, District – Araria. .... .... Petitioner. Versus The State Of Bihar .... .... Opposite Party. ====================================================== with Criminal Miscellaneous No.46110 of 2012 ====================================================== Rajeevanand Thakur S/O Shymanand Thakur R/O Village - Balua Dedhi, P.S. Palasi, District – Araria. .... .... Petitioner. Versus The State Of Bihar .... .... Opposite Party. ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 2 07-12-2012 Heard learned counsel for the petitioners and Mr. J.N. Thakur, learned A.P.P. appearing for the State. The petitioners being the Panchayat Mukhiya and the husband are apprehending their arrest in a case registered for the offences punishable under [STATUTE] . It is alleged by the informant that the petitioners took her three photographs, photo copy of voter identity card and thumb impression of the informant for providing benefits under Indira Awas Patna High Court Cr.Misc. No.45619 of 2012 (2) dt.07-12-2012 2 / 2 2 Scheme but it was not provided when the informant enquired and found that money has been withdrawn in her name in the year 2009-2010. It is submitted by learned counsel for the petitioners that the informant withdrew money through her account on 12.08.2009 and 26.03.2010 and a statement to that effect has been made in paragraph no. 8 of the petition. It is further submitted that since the enquiry is going on with regard to the persons who received benefits under Indira Awas Scheme and not constructed the house hence in order to save his skin from the enquiry, the present case has been lodged. Considering the aforesaid facts, let the petitioners, above named, be released on bail in the event of arrest or surrender before the learned court below within a period of twelve weeks from today in connection with Palasi P.S. Case No. 09 of 2012 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 C.J.M. Araria, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. U.K./- (Dinesh Kumar Singh, J)

Applicable IPC Section: 409

Statute Text:
Section 409 of the Indian Penal Code. Criminal breach of trust by public servant or by banker, merchant or agent, etc. Whoever, being in any manner entrusted with property, or with any dominion over property in his capacity of a public servant or in the way of his business as a banker, merchant, factor, broker, attorney or agent, commits criminal breach of trust in respect of that property, shall be punished with imprisonment for life, or with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.