Case Facts:
Patna High Court Cr.Misc. No.39139 of 2011 (3) dt.24-01-2012 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.39139 of 2011 ====================================================== 1. Sita Ram Santhaliya, S/o – Late Radha Krishana Santhaliya 2. Sonu Santhaliya @ Saurav Kumar Santhaliya .... .... Petitioner/s Versus The State of Bihar .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE AKHILESH CHANDRA ORAL ORDER (Per: HONOURABLE MR. JUSTICE AKHILESH CHANDRA) 3 24-01-2012 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State. The petitioners, apprehending their arrest in connection with Kahalgaon P.S. Case No. 354/2011 for the offences under [STATUTE] , are named accused in this case. Submission is that on mere suspicion they have been named by the informant since her husband and husband’s brother both are missing. Further on the basis of statement recorded in paragraph 3, 8 and 9 respectively. However, statement of the informant, widow of another deceased and sister of informant, it is submitted that they named the petitioners on mere suspicion and has no grievance or complain against them. If, it is so, and all the three persons aforementioned appearing before the court below on due identification support the factum of compromise on their free-will and consent without any coercion and also stood as the bailors, in the event of their arrest or surrender within a period of four weeks, let the above-named petitioners be enlarged on bail on furnishing bail bond of sum of Rs. Patna High Court Cr.Misc. No.39139 of 2011 (3) dt.24-01-2012 10,000/- (ten thousand only) each with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Bhagalpur, in connection with Kahalgaon P.S. Case No. 354/2011, subject to condition under section 438(2) of the Code of Criminal Procedure, and additional condition to attend the court regularly till disposal of the case, in the event of failure on two consecutive dates, without any reasonable explanation, the privilege granted shall be deemed to be cancelled. Rajeev/- (Akhilesh Chandra, 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.