Case Facts:
Patna High Court Cr.Misc. No.15575 of 2012 (3) dt.02-07-2012 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.15575 of 2012 ====================================================== 1. Zumman Hasmi , son of Md. Shahboob Hasmi. 2. Rafique Hasmi, son of Dina Hasmi. Both are the residents of Bhagalpur, Police Station- Piro, District- Bhojpur at Arrah. .... .... Petitioners. Versus The State of Bihar .... .... Opposite Party. ====================================================== Appearance : For the Petitioner/s : Mr. For the State : Mr. Suresh Prasad Singh, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE GOPAL PRASAD ORAL ORDER 3 02-07-2012 Heard learned counsel for the petitioners and learned counsel for the State. The petitioners have been arrested in connection with Piro P.S. Case No. 279 of 2008, registered under [STATUTE] . The only material against these petitioners is that victim came and disclosed that Zumman Hasmi (petitioner no. 1) has calling and asked to keep the younger brother to house then the victim went but she did not return and petitioner no. 1 was enquired about the victim from the wife of the informant. Learned counsel for the petitioners submits that there is no eye witness to the occurrence nor even there is no witness to support that victim was last seen with petitioner no.1. Except that there is no evidence in the case diary regarding implication of Patna High Court Cr.Misc. No.15575 of 2012 (3) dt.02-07-2012 these petitioners. Hence it is contended that there is neither any occurrence took place nor any circumstantial evidence to implicate these petitioners only there is mere suspicion. Having regard to the facts and circumstances of the case, the above named petitioners are directed to be released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Bhojpur at Arrah, in connection with Piro P.S. Case No. 279 of 2008 in G.R. No. 3982 of 2008, subject to condition that petitioners shall appear on each and every date fixed in this case and any absence of the petitioners shall be subject to satisfaction of the court below on reasonable ground. m.p. (Gopal Prasad, 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.