Case Facts:
Patna High Court Cr.Misc. No.32226 of 2012 (3) dt.14-12-2012 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.32226 of 2012 ====================================================== Kala Devi @ Kala Kumari .... .... Petitioner/s Versus The State Of Bihar .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 03/ 14-12-2012 Heard learned counsels for the petitioner and the State. The petitioner is apprehending her arrest in a case registered for the offences punishable under [STATUTE] . It is alleged that Rs.11,35,000/- was given for construction of the school in the joint account of the petitioner being the Headmaster and Secretary but subsequently the petitioner withdrew Rs.8,00,000/- by making forged signature of Bhogilal Mandal, Panchayat Secretary. It is submitted by learned counsel for the petitioner that letter No. 409 dated 05.07.2012 issued by the District Programme Officer contained in Annexure - 2 and letter No. 39 dated 03.09.2012 issed by Executive Engineer contained in Annexure -3 reflect that the Patna High Court Cr.Misc. No.32226 of 2012 (3) dt.14-12-2012 petitioner has completed the work of about Rs.10,00000/- when Rs.11,35,000/- was given when Executive Engineer has directed vide letter dated 03.09.2012 contained in Annexure-3 to complete the work within a month. Considering the aforesaid facts, let the above named petitioner be released on anticipatory bail provisionally for six months in the event of her arrest or surrender before the learned court below within a period of twelve weeks from today, on furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned CJM, Saharsa in connection with Saharsa Sadar P.S. Case No. 488 of 2011, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. The provisional bail of the petitioner will be confirmed by the learned court below, if the petitioner brings on record the document to the effect that the work has been completed to the extent of the money paid to the petitioner. DKS/ (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.