Case Facts:
Patna High Court Cr.Misc. No.32349 of 2010 (3) dt.15-05-2012 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.32349 of 2010 ====================================================== 1. Sital Sah son of late Dhuna Sah, 2. Madan Sah son of Sital Sah, & 3. Dasrath Sah son of Sital Sah, all resident of village-Bisunpura, P.S.- Ghorasahan (Jharokhra), Dist- East Champaran .... .... Petitioner/s Versus 1. The State of Bihar & 2. Anatia Devi wife of late Abulal Sah of village-Bisunpur, P.S.- Ghorasahan (Jharokhra), Dist- East Champaran .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA PRAKASH ORAL ORDER 3/ 15-05-2012 Heard the parties. The petitioners seek quashing of the order dated 19.05.2010 passed by the Sub-Divisional Judicial Magistrate, Sikrahna at Motihari, in Trial No.646 of 2010 by which he has rejected the application of the Petitioners filed for their discharge. It has been submitted on behalf of the Petitioners that no offence under [STATUTE] would be made out in the facts of the case since there was no entrustment and it was a case of outright sale. On the other hand, counsel for the Opposite Party No.2 submits that there was a written Panchnama by which the accused persons had admitted receipt of Rs.40,000/- and, therefore, the Petitioners have rightly been proceeded against. Considering that facts are disputed by the parties, I am not inclined to interfere in the matter. The application is dismissed. JA/- (Anjana Prakash, 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.