Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.45646 of 2012 ====================================================== Smt. Aruna Kumari W/O Harischandra Das R/O Buchan Sah Hathi Tola, Ward No. 8, P.S. & Distt. - Saharsa .... .... Petitioner Versus The State Of Bihar .... .... Opposite Party ====================================================== Appearance : For the Petitioner : Mr. Ashutosh Kumar, Advocate Mr. C.M. Jha, Advocate For the State : Mr. Ajay Kumar Jha, A.P.P. ====================================================== CORAM: HONOURABLE DR. JUSTICE RAVI RANJAN ORAL ORDER 2 18-12-2012 Heard learned counsel for the petitioner and the State. Petitioner apprehends his arrest in connection with Saharsa Sadar P.S. Case No.236 of 2011 registered for the offences punishable under [STATUTE] . Allegation against the petitioner is that she, being Headmistress of the School, had withdrawn Rs.2,58,000/- for some developmental construction work in the school but she did not invest it and had not been submitted the D.C. bill. Thus, the same would amount to misappropriation of government money. It is submitted on behalf of the petitioner that Patna High Court Cr.Misc. No.45646 of 2012 (2) dt.18-12-2012 2 / 3 2 the petitioner had withdrawn the money and was also willing to complete the work but due to some dispute the work could not be completed, however, petitioner is also ready to deposit the entire amount which was withdrawn by her. It is submitted that the petitioner is a lady and Headmistress of the school concerned. Learned counsel appearing for the State has submitted that admittedly the petitioner has withdrawn the money but has not completed the work. Therefore, her act would come under the purview of financial irregularity. Having regard to the aforementioned facts and circumstances specially since the petitioner is a lady and is ready to return the entire amount, let the petitioner, in the event of arrest or surrender before the court below within eight weeks from today, be released on bail on his furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of C.J.M., Saharsa in Saharsa Sadar P.S. Case No.236 of 2011, subject to the condition as laid down under Section 438(2) of the Cr.P.C. and further condition that the entire amount of Rs.2,58,000/- would be deposited by the petitioner, before the competent authority from where she had withdrawn such Patna High Court Cr.Misc. No.45646 of 2012 (2) dt.18-12-2012 3 / 3 3 money, within six weeks from today. In such event, let concerned authority grant a receipt showing deposit of aforesaid amount to the petitioner which shall be produced by him before the competent court at the time of furnishing bail bond. N.H./- (Dr. Ravi Ranjan, 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.