Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.42432 of 2012 ====================================================== Shahabuddin S/O Md. Kadir Resident Of Village- Bakaur, P.S. + District- Supaul. .... .... Petitioner. Versus The State Of Bihar .... .... Opposite Party. ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 2 12-12-2012 Learned counsel for the petitioner is permitted to make necessary correction in prayer portion of the petition. Heard learned counsels for the petitioner and the State. The petitioner is apprehending his arrest in a case registered for the offences punishable under [STATUTE] . Initially, an F.I.R. was lodged with accusation that Tanbira Khatoon was killed by Md. Kadir, Md. Gabbara and Md. Kalam including this petitioner when accusation was found false and final form was submitted but during trial, petitioner has been summoned under Section 319 Cr. P.C. It is submitted by learned counsel for the petitioner that there is no direct evidence of assault to the victim against the petitioner. The Patna High Court Cr.Misc. No.42432 of 2012 (2) dt.12-12-2012 2 / 2 2 impugned order does not reflect the evidence which persuaded the trial to summon the accused persons under Section 319 Cr. P. C. and other similarly situated accused persons have been granted anticipatory bail by this Court vide Cr. Misc. No. 20313 of 2012. Considering the aforesaid facts, 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 S.T. No. 44 of 2009 arising out of Kishanpur P.S. Case No. 179 of 2008 on furnishing bail bond of Rs.10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Adhoc Additional Sessions Judge-II, Supaul, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. Learned court below will be liberty to cannel the bail of the petitioner if he defaults for three consecutive occasions during trial. U.K./- (Dinesh Kumar Singh, J)

Applicable IPC Section: 201

Statute Text:
Section 201 of the Indian Penal Code. Causing disappearance of evidence of an offence committed, or giving false information touching it to screen the offender, If a capital offence. Whoever, knowing or having reason to believe that an offence has been committed, causes any evidence of the commission of that offence to disappear, with the intention of screening the offender from legal punishment, or with that intention gives any information respecting the offence which he knows or believes to be false; if a capital offence — shall, if the offence which he knows or believes to have been committed is punishable with death, be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine; if punishable with imprisonment for life — and if the offence is punishable with imprisonment for life, or with imprisonment which may extend to ten years, shall be punished with imprisonment of either description for a term which may extend to three years, and shall also be liable to fine; if punishable with less than ten years imprisonment — and if the offence is punishable with imprisonment for any term not extending to ten years, shall be punished with imprisonment of the description provided for the offence, for a term which may extend to one-fourth part of the longest term of the imprisonment provided for the offence, or with fine, or with both.