Case Facts:
Patna High Court Cr.Misc. No.38703 of 2011 (3) dt.24-01-2012 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.38703 of 2011 ====================================================== Awadhesh Rai, S/O-Chaturi Rai .... .... Petitioner/s Versus The State Of Bihar .... .... Opposite Party/s ====================================================== ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER (Per: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA) 3 24-01-2012 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State assisted by learned counsel for the informant. Petitioner being husband of the deceased is languishing in jail custody since 29.07.2010 in a case registered under [STATUTE] . Earlier the prayer for bail of the petitioner was rejected by this Court vide order dated 04.01.2011 passed in Cr. Misc. No. 38164 of 2010 but submission on behalf of the petitioner is that the trial of the petitioner has not been concluded as yet. The trial court has reported that up-till-now only five prosecution witnesses have been examined and nine prosecution witnesses are still left to be examined but the learned trial court has sought six months time for disposal of case of the petitioner. Patna High Court Cr.Misc. No.38703 of 2011 (3) dt.24-01-2012 In view of the aforesaid report of learned 1st Additional Sessions Judge, Vaishali at Hajipur, the prayer for bail of the petitioner in connection with Sessions Trial No. 57 of 2011 arising out of Raghopur (Rustampur) P.S. Case No. 56 of 2009 is, hereby, rejected. However, the learned trial judge is directed to conclude the trial of the petitioner within the above stated period. Let a letter be written to Superintendent of Police, Vaishali at Hajipur with direction to him to ensure the attendance of prosecution witnesses of above stated case before 1st Additional Sessions Judge, Vaishali at Hajipur within the above stated period and furthermore, the learned trial judge shall also inform the Superintendent of Police, Vaishali at Hajipur about the date fixed by him for recording the statements of remaining prosecution witnesses of Sessions Trial No. 57 of 2011. It is made clear that petitioner may renew his prayer for bail after six months from today, if his trial is not concluded within the above stated period. 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.