Case Facts:
Patna High Court Cr.Misc. No.6975 of 2012 (3) dt.26-07-2012 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.6975 of 2012 ====================================================== 1. Jai Prakash Sahni S/O Thakuri Sahni .... .... Petitioner/s Versus 1. The State Of Bihar .... .... Opposite Party/s ====================================================== ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 3 26-07-2012 Learned counsel for the petitioner is permitted to make necessary correction in his application within course of the day. Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. Petitioner is in jail custody since 11.01.2011 in a case registered under [STATUTE] . Petitioner is husband of the deceased and after investigation police submitted charge sheet under [STATUTE] . Learned counsel for the petitioner submits that in course of investigation it came to light that deceased was not mentally fit and she committed suicide within four months of her marriage. It is further contended by him that after giving proper information to the informant the dead body of the deceased was cremated. Admittedly, before cremation no information regarding the unnatural death of the deceased was given to the police. Moreover, there is allegation of demand of dowry and admittedly, deceased died within four months of her marriage on account of burn injuries. Patna High Court Cr.Misc. No.6975 of 2012 (3) dt.26-07-2012 Considering the aforesaid facts and circumstances as well as submissions of the parties, I am not inclined to release the petitioner on bail and accordingly, his prayer for bail in connection with Kartanha P.S. Case No. 04 of 2010 pending in the court of Chief Judicial Magistrate, Vaishali at Hajipur is rejected, at least, at this stage. It appears from perusal of prayer portion of this petition that the case of this petitioner is still pending in the court of Chief Judicial Magistrate, Vaishali at Hajipur, if that is so, the learned Chief Judicial Magistrate, Vaishali at Hajipur is directed to commit the case of the petitioner to the court of Sessions in accordance with law without any further delay, preferably within three weeks from the date of receipt of this order and after commitment, the learned trial court shall try to conclude the trial of the petitioner within eight months from the date of commitment of the case and if the trial of the petitioner is not concluded within the above stated period, the petitioner may renew his prayer for bail. SHAHZAD/- (Hemant Kumar Srivastava, 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.