Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.3215 of 2012 ====================================================== Manoj Rai .... .... Petitioner/s Versus The State Of Bihar .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER (Per: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH) 2 01-02-2012 Petitioner being husband is apprehending his arrest in a case registered for the offences under [STATUTE] . The marriage was performed five years prior to the occurrence. Accusations are of demand of gold chain and motorcycle and for non-fulfilment of the same, torture was inflicted. It is submitted that during investigation, it has come that that due to the quarrel with the husband, the victim consumed poison. Postmortem report does not reflect any external injury. It is further submitted that informant subsequently retracted from initial version and has filed a petition to that effect before learned Court below. Assuming the fact that victim consumed poison after quarrel with the Patna High Court Cr.Misc. No.3215 of 2012 (2) dt.01-02-2012 2 / 2 2 husband, that does not amount to torture in view of the definition given in the Penal Code. Considering the retracted version of the informant, it is a fit case of regular bail. Let learned Court below consider regular bail of the petitioner, if the petitioner surrenders within a period of six weeks in connection with Dariyapur P.S. Case No. 112 of 2011, pending in the Court of learned Chief Judicial Magistrate, Saran at Chapra. With the observations above, the application stands disposed off. Let the order of this Court be transmitted through FAX to the learned Court below at the cost of the petitioner. 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.