Case Facts:
Patna High Court Cr.Misc. No.12747 of 2012 (2) dt.27-03-2012 1 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.12747 of 2012 ====================================================== 1. Ramesh Chandra Pravaker @ Ramesh Chandra Prabhakar S/O Late Asharfi Sah Resident Of Village- Khorta Belhiya, P.S- Tariyani, District- Shivhar, At Present Resident Of Apartment No. 102 Defence Research And Development Organisation, Indian Institute Of Technology Bambay, Pobai, Mumbai- 76 .... .... Petitioner/s Versus 1. The State Of Bihar 2. Dhrub Kumar S/O Late Suraj Kumar Resident Of Mohalla- Gola Road Daldali Bazar, P.S- Muzaffarpur Town, District- Muzaffarpur 3. Smiriti Saurabh W/O Ramesh Chandra Pravaker @ Ramesh Chandra Prabhakar At Present Resident Of Mohalla- Gola Road Daldali Bazar, P.S- Muzaffarpur Town, District- Muzaffarpur. .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 2 27-03-2012 Heard learned counsel for the petitioner and learned counsel for the State. The petitioner apprehends his arrest in connection with a case in which cognizance has been taken for the offence punishable under [STATUTE] and section 4 of the Dowry Prohibition Act. It is submitted on behalf of the petitioner that prior to the institution of the present complaint the petitioner had already filed a Matrimonial case under section 13 of the Hindu Marriage Act seeking decree of divorce on 26.3.2010 before the Principal Judge, Family Court, Pune. Subsequent to filing of the said Patna High Court Cr.Misc. No.12747 of 2012 (2) dt.27-03-2012 2 matrimonial case for divorce the present complaint was filed on 6.5.2010 making false allegation. It is also contended that in the matrimonial case the complaint had already appeared and filed an application under section 24 of the Hindu Marriage Act. The family court has ordered for payment of interim alimony of Rs.3,000/- per month to the wife and Rs.3,000/- for maintenance of minor daughter, who is also residing together with the daughter of the complainant. The petitioner is regularly making payment in terms of the order passed by the court. The petitioner is a scientist in Defence Research Development Organisation and is presently posted at Pune and is not likely to abscond or tamper with the evidence, if granted anticipatory bail. Be that as it may, considering the facts and circumstances of the case, let the petitioner named above, in the event of 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) with two sureties of the like amount each to the satisfaction of learned S.D.J.M., (East Muzaffarpur) in connection with Complaint Case No.1220 of 2010 (Trial No.2093 of 2011) subject to the conditions as laid down under section 438(2) Cr. P.C. as also subject to the conditions (i) that both the bailors will Patna High Court Cr.Misc. No.12747 of 2012 (2) dt.27-03-2012 3 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 he shall remain present before the court on the dates fixed for hearing of the case. If he wants to remain absent, then he shall take prior permission of the court and in case of compelling and unavoidable circumstances for remaining absent, he shall immediately inform the court and request that he may be permitted to be present through counsel (iv) that liberty is given to the State 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. Md.S./- (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.