Case Facts:
Patna High Court Cr.Misc. No.18360 of 2012 (2) dt.23-08-2012 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.18360 of 2012 ====================================================== 1. Sri Bhagwan Baitha S/O Nagina Baitha Resident Of Village- Murwan Drazi, P.S.- Ishuapur, Distt.- Saran .... .... Petitioner/s Versus 1. The State Of Bihar 2. Chandrama Baitha S/O Late Nanhu Baitha Resident Of Village- Murwann, Derazi, P.S.- Ishuapur, Distt.- Saran .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Mukesh Kr. Singh, Advocate For the Opposite Party/s : Mr. Pradeep Nr. Kumar, A.P.P. ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA PRAKASH ORAL ORDER 2. 23.8.2012 The Petitioner seeks quashing of the order dated 3.4.2012 passed by the F.T.C. 1st, Saran in Sessions Trial No.733 of 2003 arising out of Isuapur P.S. case No.44 of 2001, by which he has allowed an application [STATUTE] [STATUTE] . to the charge. It has been submitted on behalf of the Petitioner that there was no such allegation in the First Information Report nor was charge sheet submitted under the said Section and, therefore, the amendment in charge was not proper. However, considering that no prejudice would be caused to the Petitioner even if the charge is amended, I Patna High Court Cr.Misc. No.18360 of 2012 (2) dt.23-08-2012 am not inclined to interfere in the matter. The application is dismissed. Narendra/ ( Anjana Prakash, J. )

Applicable IPC Section: 216

Statute Text:
Section 216 of the Indian Penal Code. Harbouring an offender who has escaped from custody, or whose apprehension has been ordered, If the offence be capital. Whenever any person convicted of or charged with an offence, being in lawful custody for that offence, escapes from such custody, or whenever a public servant, in the exercise of the lawful powers of such public servant, orders a certain person to be apprehended for an offence, whoever, knowing of such escape or order for apprehension, harbours or conceals that person with the intention of preventing him from being apprehended, shall be punished in the manner following, that is to say: if a capital offence — if the offence for which the person was in custody or is ordered to be apprehended is punishable with death, he shall 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, or with imprisonment — if the offence is punishable with imprisonment for life or imprisonment for ten years, he shall be punished with imprisonment of either description for a term which may extend to three years, with or without fine; and if the offence is punishable with imprisonment which may extend to one year and not to ten years, he 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 such offence or with fine, or with both. "Offence" in this section includes also any act or omission of which a person is alleged to have been guilty out of India, which, if he had been guilty of it in India, would have been punishable as an offence, and for which he is, under any law relating to extradition, or otherwise liable to be apprehended or detained in custody in India, and every such act or omission shall, for the purposes of this section, be deemed to be punishable as if the accused person had been guilty of it in India.