Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.17345 of 2012 ====================================================== Niraj Kumar Jha, son of late Ananat Kishore Jha, resident of village-Benga, P.S.-Sikty (Bardaha), District-Araria. .... .... Petitioner Versus The State of Bihar .... .... Opposite Party ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 2 25-04-2012 Heard learned counsel for the petitioner and learned counsel appearing on behalf of the State. The petitioner seeks bail in a case instituted under [STATUTE] . It is contended that the petitioner is Headmaster of the school concerned. He together with co-accused Dilip Sharma, who is Secretary of the school, operated the account of the school. The amount to the tune of Rs. 6,88,000/- was withdrawn under their joint signature. The construction work upto lintel level has already been done and as per the measurement book Rs. 4,30,351/- has already been spent over construction. The materials worth Rs. 50,000/- is still lying at the place of construction. It is also contended that the petitioner being in government service is not likely to abscond or tamper with the evidence, if released on bail. He is in custody since 29.1.2012. Be that as it may, considering the nature of allegation, facts and circumstances of the case, the petitioner is directed to be released on bail on his executing a bond with two solvent sureties, each in a sum of Rs. Patna High Court Cr.Misc. No.17345 of 2012 (2) dt.25-04-2012 2 / 2 2 10,000/- (Ten Thousand only) to the satisfaction of the learned Chief Judicial Magistrate, Araria in connection with Araria P.S. Case No. 194 of 2011 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 he shall remain present before the court on the dates fixed for hearing of the case. If he wants to remain absent, then he will take prior permission of the court and in case of compelling and unavoidable circumstances for remaining absent, he 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 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. Sanjeet/- (Ashwani Kumar Singh, J)

Applicable IPC Section: 418

Statute Text:
Section 418 of the Indian Penal Code. Cheating a person whose interest the offender was bound, either by law or by legal contract, to protect. Whoever cheats with the knowledge that he is likely thereby to cause wrongful loss to a person whose interest in the transaction to which the cheating relates, he was bound either by law, or by legal contract, to protect, shall be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both.