Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.44896 of 2012 ====================================================== Gayatri Devi .... .... Petitioner. Versus The State Of Bihar .... .... Opposite Party. ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 2 05-12-2012 Heard learned counsels for the petitioner and the State. The petitioner being the Panchayat Mukhiya is apprehending her arrest in a case registered for the offences punishable under [STATUTE] . It is alleged that in Scheme No. 02 of 2010- 2011, Rs. 1,18,200/- was given for digging of a pond which was misappropriated after conducting the work by the petitioner, Panchayat Rajgar Sewak and the Junior Engineer. It is submitted by learned senior counsel for the petitioner that the enquiry report of the Programme Officer, Dharhara, dated 09.01.2012, reflects that the work was found to be suspicious when the villagers suggest that the work was done and the pond was filled-up due to rain water. Hence, Patna High Court Cr.Misc. No.44896 of 2012 (2) dt.05-12-2012 2 / 2 2 the work was found to be unsatisfactory whereas in the F.I.R., the accusation has been levelled that the work was not done whereas it is also alleged that the work was conducted through JCB machine on 15.02.2012. Considering inconsistencies between the report of the Programme Officer and accusation levelled in the F.I.R., when the same Programme Officer is the informant and the undertaking of the petitioner that she will deposit Rs. 20,000/- before the learned court below which will be invested in some fixed deposit scheme which will be result of the case, let the petitioner, 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 Dharhara P.S. Case No. 30 of 2012 on furnishing bail bond of Rs.10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned C.J.M. Munger, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. 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.