Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.18072 of 2012 ====================================================== 1. Smt. Jaymati Devi W/O Mahadev Prasad Sinha Resident Of Village Bela, Post Office Mahsuna, Police Station Punpun, District Patna. 2. Narendra Prasad Sinha @ Narendra Kr. Sinha S/O Sri Mahadev Prasad Sinha Resident Of Village Bela, Post Office Mahsuna, Police Station Punpun, District Patna. .... .... Petitioner/s Versus 1. The State Of Bihar. .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Pramod Rajpati, Advocate For the Opp. Party No. 2 : Mr. Ashok Kumar, No.2, Advocate For the State: Mr. Dilip Kumar, A.P.P. ================================================ CORAM: HONOURABLE MR. JUSTICE V.N. SINHA ORAL ORDER 2 05-06-2012 Heard learned for the petitioners, the State and opposite party no.2, the complainant. Petitioners are apprehending their arrest in a complaint case registered for the offence under [STATUTE] . Petitioners are the wife and son of Mahadev Prasad Sinha who executed an agreement for sale of land dated 8.2.2011after receipt of Rs. 2, 00000/- through cheque. This prosecution has been filed against Mahadev Prasad Sinha and the petitioners alleging that after execution of the agreement for sale the two petitioners further received a sum of Rs. 50,000/- and 1, 00000/- in three installments but the sale deed as was under taken Patna High Court Cr.Misc. No.18072 of 2012 (2) dt.05-06-2012 2/2 in the agreement was never executed by Mahadev Prasad Sinha as in the meanwhile the price of the land in question has increased many fold. Learned counsel for the petitioners, however, submits that the sale deed could not be executed as the amount which was to be given under the agreement was not paid for the purpose for which the lands were to be transferred i.e. under going operation of the executant. The aforesaid dispute can only be resolved in a suit for specific performance for execution of the agreement. In the special facts and circumstances of the case, let the above named petitioners surrender in the court below within four weeks from the date of receipt/production of a copy of this order and thereafter be admitted to the privilege of bail on furnishing bail bond of Rs. 5000/- (Rs. Five thousand) each with two sureties of the like amount each to the satisfaction of Smt. Gayati Kumari, Judicial Magistrate, 1st Class, Patna in connection with Complaint Case No. 2901 of 2011, subject to the condition laid down under section 438(2) of the Cr. P.C. RPS/- (V.N. Sinha, 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.