Case Facts:
Patna High Court Cr.Misc. No.36232 of 2011 (3) dt.07-03-2012 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.36232 of 2011 ====================================================== 1. Rustam Ali, Son of Jamil Hussain. 2. Jamil Hussain, Son of Shamsul Haque. Both residents of village- Nawada Parsoni, P.S.Uchkagao, District- Gopalganj. .... .... Petitioners. Versus 1. The State of Bihar. 2. Samsira Khatoon, D/O Samsuddin, R/O village- Nawada Parsoni, P.S. Uchkagaon, District-Gopalganj. .... .... Opposite Parties. ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 3 07-03-2012 Heard learned counsels for the petitioners and the State. The petitioner no.1 being the husband and petitioner no.2 being the father of husband are apprehending their arrest in complaint case in which cognizance has been taken for the offences punishable under [STATUTE] . and ¾ of D. P. Act. The accusation is of torture and desertion. The petitioner no.1 and opposite party no.2 are present. Petitioner no.1 is denying the marriage whereas opposite party no.2 claims that the marriage was performed in 2007. It is submitted by learned counsel for the petitioners that father of petitioner no.1 and father of opposite party no.2 are own brothers hence there was no occasion for the petitioner no.1 Patna High Court Cr.Misc. No.36232 of 2011 (3) dt.07-03-2012 getting married with opposite party no.2. It is further submitted that maintenance case is also filed in which evidence is going on with regard to the claim and counter claim of actual marriage being performed. In the circumstances, reconciliation is not possible. However, the petitioner no.1 is ready to pay Rs. 500/- per month to the opposite party no.2 by depositing the same in the bank account of the opposite party no.2 in second week of every month from April, 2012. The said offer is acceptable to the opposite party no.2 and she undertakes to supply her bank account number within a period of three weeks by filing the same on affidavit before the learned court below. Considering the stand of the parties, let the petitioners above named be released on bail in the event of arrest or surrender before the learned court below within a period of twelve weeks from today in connection with Complaint Case No. 1236 of 2009, Tr. No. 2514 of 2010 on furnishing bail bond of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned C.J.M., Gopalganj, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. Patna High Court Cr.Misc. No.36232 of 2011 (3) dt.07-03-2012 The aforesaid payment will have no bearing on the relationship between the parties. The aforesaid payment will be subject to any order being passed in matrimonial or maintenance proceeding. Three consecutive defaults in making payment will give liberty to the opposite party no. 2 to file an application for cancellation of anticipatory bail of petitioner no.1. U.K./- (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.