Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.22184 of 2012 ====================================================== Sajina Khatoon, wife of Murtaza D/O Sheikh Gulam Rasool, Resident of Village Nauranga, P.S. Moffasil, District- Gaya, at present resident of Piparpanti Chatra P.S. Chatra, District-Chatra (Jharkhand) .... .... Petitioner/s Versus The State Of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. K.K. Sinha, Advocate. For the Opposite Party/s : Mr. Vinod Shankar Modi, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 2 14-06-2012 Heard learned counsel for the petitioner and learned counsel for the State. The petitioner apprehends her arrest in connection with a case in which cognizance has been taken for the offence punishable under [STATUTE] . As per prosecution case the petitioner had agreed to sell the land in question to the complainant for Rs. 3, 67,500/- for which she was paid Rs.81,001/- as advance but she did not execute sale deed. The complainant does not make any averment so as to infer any fraudulent dishonest inducement having been made by the petitioner pursuant to which the informant parted with Patna High Court Cr.Misc. No.22184 of 2012 (2) dt.14-06-2012 2 / 3 2 the money. It is not the case of the complainant that the petitioner does not have the property or that the petitioner was not competent to enter into an agreement to sell or could not have transferred title in the property to the complainant. It is further submitted that merely because an agreement to sell was entered into which agreement the petitioner failed to honour, it can not be said that the petitioner has cheated the complainant. While arguing the case, learned counsel for the petitioner has placed reliance on the judgment in the case of Murari Lal Gupta V. Gopi Singh, since reported in (2005) 13 SCC 699 and submits that the present prosecution is not only malicious but an abuse of the process of the court. Be that as it may, considering the facts and circumstances of the case, let the abovenamed petitioner in the event of her arrest or surrender before the court below within a period of four weeks from the date of receipt/communication of this order, be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand only) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Gaya in connection with Complaint Case No. 572 of 2011 subject to the conditions as laid down under Section 438(2) of the Code of Patna High Court Cr.Misc. No.22184 of 2012 (2) dt.14-06-2012 3 / 3 3 Criminal Procedure as also on the following conditions: (i) That both the bailors will be close relative of the petitioner who will give separate affidavit giving genealogy as to how they are related with the petitioner. (ii) That the petitioner shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him to disclose such facts to the court or to any other authority. (iii) That she shall remain present before the court on the dates fixed for hearing of the case. If he wants to remain absent, then she shall take prior permission of the court and in case of compelling and unavoidable circumstances for remaining absent, she will immediately inform the court and request that he may be permitted to be present through the counsel. (iv) That liberty is given to the State/complainant to make an appropriate application for modifying/recalling the order granting bail, if for any reason, the petitioner violates any of the conditions imposed by this Court. Vinay/- (Ashwani 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.