Case Facts:
Patna High Court Cr.Misc. No.28504 of 2011 (5) dt.20-03-2012 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.28504 of 2011 ====================================================== Nirmala Devi, wife of Mani Kant Jha, resident of village – Sipahi Tola, Shakti Nagar, P.S. – K. Hat, District – Purnea. .... .... Petitioner/s Versus 1. The State of Bihar 2. Sushil Kumar, son of Yamuna Prasad Sah. .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE AKHILESH CHANDRA ORAL ORDER 5 20-03-2012 Heard learned counsel for the petitioner, learned counsel for the complainant Opposite Party No. 2 and learned Additional Public Prosecutor for the State. The petitioner, apprehends his arrest in connection with a case registered for the offence punishable under [STATUTE] , is one of the named accused in this complaint case with allegation of entering into an agreement to sale and receiving part payment but ultimately refused to respect such agreement. Submission is of total denial of allegations with specific assertion that he obtained accommodation loan of Rs. 1 lac which he is ready to pay to the complainant. In this regard, one complaint case no. 3655/2010 pending in the court of C.J.M. Purnea has already been filed. Considering the facts and circumstances of the case and nature of allegation, petitioner as offered may deposit Rs. 1 Patna High Court Cr.Misc. No.28504 of 2011 (5) dt.20-03-2012 lac subject to result of the cases between the parties in view of his own admission in complaint case and on such deposit within six weeks, in the event of her arrest/surrender before the court below within six weeks, let the above named petitioner be enlarged on bail on furnishing bail bond of Rs. 10,000/- (ten thousand only) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Purnea, in connection with Complaint Case No. 3116/2009, subject to condition laid down under Section 438 (2) of the Code of Criminal Procedure with additional condition to remain physically present before the court below on each and every date till disposal of the case, in case of failure on two consecutive dates without giving any reasonable explanation, the liberty granted shall be deemed to be cancelled. Rajeev/- (Akhilesh Chandra, 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.