Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.43990 of 2011 ====================================================== Chandeshwar Rai, Son of Late Domi Rai, Resident of village Parsurampur, P.S. Parsauni, District Sitamarhi, at present posted as Chaukidar, under Runnisaidpur Block, District Sitamarhi. .... .... Petitioner/s Versus 1. The State Of Bihar. 2. Arvind Kumar, Son of Late Shyam Prasad, the Officer-in-Charge, Parsauni Police Station, District Sitamarhi. .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER (Per: HONOURABLE MR. JUSTICE RAKESH KUMAR) 2 31-01-2012 Heard Shri Devendra Kumar, learned counsel for the petitioner and Shri Raj Ballabh Singh, learned Additional Public Prosecutor. The present petition under Section 482 of the Code of Criminal Procedure has been filed with a prayer to quash first information report in Parsauni P.S. Case No.60 of 2011 and also for quashing of entire investigation so far as petitioner is concerned. Parsauni P.S. Case No.60 of 2011 has been registered for the offences Patna High Court Cr.Misc. No.43990 of 2011 (2) dt.31-01-2012 2 / 2 2 under [STATUTE] against several accused persons. I have perused the F.I.R. which categorically discloses cognizable offences and requires no interference. The petition stands dismissed. N.H./- (Rakesh Kumar, 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.