Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.28558 of 2012 ====================================================== Hira Lal Sahu & Oth. .... .... Petitioner/s Versus The State Of Bihar .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 2 13-08-2012 Petitioner No.1 being husband and petitioner Nos. 2 to 4 being family members of the husband are apprehending their arrest in a case registered for the offences punishable under [STATUTE] . It is alleged that daughter of the informant was married thirteen years prior to the occurrence with petitioner No. 1 when the husband has some illicit relationship with the wife of one of his relative Paras Sahu when the victim was killed and dead body was disposed off. It is submitted by learned counsel for the petitioners that as per the complaint petition, the complainant came to know about the occurrence on 16.07.2010 when the complaint was filed on 04.08.2010 which came to be registered as police case on 06.07.2011. It is further submitted that informant has subsequently retracted from initial version and has filed a petition to that effect before learned Court below. Considering the aforesaid facts, this Court is not inclined to grant anticipatory bail to the husband being petitioner No. 1 namely Hira Lal Sahu. Let learned Court below Patna High Court Cr.Misc. No.28558 of 2012 (2) dt.13-08-2012 2 / 2 2 consider regular bail of petitioner No. 1 keeping in view of the delayed lodging of the complaint and the retracted version of the informant, if the petitioner No. 1 surrenders within a period of six weeks in connection with Simri P.S. Case No. 113 of 2011, pending in the Court of learned Chief Judicial Magistrate, Buxar. With the observations above, the application with regard to petitioner No. 1 stands disposed off. So far as petitioner Nos. 2 to 4 are concerned, considering the delayed filing of the complaint and the retracted version of the informant, let the petitioner Nos. 2 to 4 namely 2. Vijay Sahu 3. Sushila Devi 4. Vimla Devi, in the event of their arrest or surrender before the Court below within a period of 12 weeks from today, be released on anticipatory bail on furnishing bail bond of Rs. 10,000/-(ten thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Buxar in connection with Simri P.S. Case No. 113 of 2011. Shageer/- (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.