Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.2943 of 2012 ====================================================== Nirmala Devi .... .... Petitioner/s Versus The State Of Bihar .... .... Opposite Party/s ====================================================== with Criminal Miscellaneous No.3408 of 2012 ====================================================== Amarendra Kumar @ Amarendra Thakur .... .... Petitioner/s Versus The State Of Bihar .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER (Per: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH) 2 30-01-2012 Petitioners being Ex-Mukhiya and Branch Manager are apprehending their arrest in a case registered for the offences under [STATUTE] . Accusation against the Ex-Mukhiya is that he used to issue certain cheques under certain schemes for which payments were made after he lost election when he refused to hand over charge to the informant. It is alleged Patna High Court Cr.Misc. No.2943 of 2012 (2) dt.30-01-2012 2 / 2 2 against the Branch Manager that after the prayer for stop payments were made, even then payments were made by the bank. It is submitted by learned counsel for the petitioners that informant has subsequently retracted from initial version and has filed a petition to that effect as contained in Annexure-6. Considering the aforesaid facts, let the petitioners namely 1. Nirmala Devi 2. Amarendra Kumar @ Amarendra Thakur, in the event of their arrest or surrender before the Court below within a period of 12 weeks from today, be released on anticipatory bail on furnishing bail bond of Rs. 10,000/-(ten thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, East Champaran at Motihari in connection with Pipra P.S. Case No. 178 of 2011. Shageer/- (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.