Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.8490 of 2012 ====================================================== 1. Raj Kishore Rai 2. Binod Prasad .... .... Petitioner/s Versus The State Of Bihar .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 2 21-03-2012 Petitioners are apprehending their arrest in a case registered for the offences punishable under [STATUTE] . Accusations are of pelting stones on the police party and causing damage to the police vehicle. It is submitted by learned counsel for the petitioners that there is nothing specific against the petitioners and on the basis of the statement of the Chaukidar the petitioners have been roped in the present case against whom petitioners filed a complaint at earlier point of time. It is also submitted that female members with similar accusation have been granted anticipatory bail by this Court vide Cr. Misc. No. 26212 of 2011. This Court finds no reason for learned Court below not to give the privilege of bail to the petitioners, if the Patna High Court Cr.Misc. No.8490 of 2012 (2) dt.21-03-2012 2 / 2 2 petitioners surrender within a period of six weeks in connection with Parsauni P.S. Case No. 60 of 2011, pending in the Court of learned Chief Judicial Magistrate, Sitamarhi. 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 petitioners. Shageer/- (Dinesh Kumar Singh, 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.