Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.5325 of 2012 ====================================================== Prem Kumar .... .... Petitioner/s Versus The State Of Bihar .... .... Opposite Party/s ====================================================== With Criminal Miscellaneous No.7057 of 2012 ====================================================== Annapurna Devi .... .... Petitioner/s Versus The State Of Bihar .... .... Opposite Party/s ====================================================== With Criminal Miscellaneous No.9803 of 2012 ====================================================== Birmani Dwivedi .... .... Petitioner/s Versus The State Of Bihar .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 03/ 27-03-2012 Heard learned counsels for the petitioners and the State. The petitioners being the Panchayat Secretary, Mukhiya and husband of the Mukhiya are apprehending their arrest in a case registered for the offences punishable under [STATUTE] . The accusation is of misappropriating Patna High Court Cr.Misc. No.5325 of 2012 (3) dt.27-03-2012 2/2 Government money with regard to the five schemes when the schemes were not completed and the money was withdrawn and no solar plate was found installed. It is submitted by learned counsel for the petitioners that on completion of the schemes the FIR was lodged only against Awdhesh Singh charge-sheet has been submitted who has been granted bail vide Cr. Misc. No. 2551 of 2012 and the investigation is pending against the petitioners. I see no reason for the learned court below not to grant same privilege to the petitioners also, if the petitioners surrender before the learned court below within a period of six weeks from today in connection with Uphara P.S. Case No. 37 of 2011 pending in the court of learned Sub-divisional Judicial Magistrate, Daud Nagar, Aurangabad. With the aforesaid observation, this application is disposed of. Let the order be transmitted to the learned court below through fax at the cost of the petitioners. DKS/ (Dinesh Kumar Singh, 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.