Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.10546 of 2012 ====================================================== 1. Smt. Babita Devi, wife of Prithvinath Singh, resident of village- Sadhpur, P.S. Daudpur, District-Saran. 2. Prithvinath Singh @ Aglo Singh, resident of village- Sadhpur, P.S. Daudpur, District- Saran. .... .... Petitioners. Versus The State Of Bihar .... .... Opposite Party. ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 3 07-05-2012 Heard learned counsels for the petitioners and the State. The petitioner no.1 being ex-Mukhiya and petitioner no.2 being the husband of petitioner no.1 are apprehending their arrest in a case registered for the offences punishable under [STATUTE] . The accusation is of not handing over the registers and cash books even after defeated in panchayat election and thereby misappropriated the funds. It is submitted by learned counsel for the petitioners that new Mukhiya took oath on 26.06.2011 and cheques have been issued by petitioner no.1 in favour of petitioner no.2 on 23.06.2011 and if subsequently payments have been made by the bank the petitioners can not be held responsible. Admittedly, the cheques were signed by the petitioner no.1 in Patna High Court Cr.Misc. No.10546 of 2012 (3) dt.07-05-2012 2 / 2 2 favour of petitioner no.2 after declared defeated in panchayat election. Hence in that view of the matter, this Court is not inclined to grant anticipatory bail to the petitioners. It is submitted that Panchayat Sevak has been granted regular bail by this Court vide Cr. Misc. No. 15890 of 2012. Let the learned court below consider the regular bail application of the petitioners keeping in view that other has been granted regular bail by this Court if the petitioners surrender within a period of six weeks from the date of receipt of copy of this order in connection with Daudpur P.S. Case No. 121 of 2011 pending in the court of the learned C.J.M., Saran at Chapra. With this observation, the application is disposed off. Let the order be faxed to the learned court below at the cost of the petitioners. 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.