Case Facts:
Patna High Court Cr.Misc. No.34540 of 2011 (3) dt.04-04-2012 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.34540 of 2011 ====================================================== 1. Umesh Sahni S/O Yogeshwar Sahni R/O Vill.-Jogaulioya, P.S.- Madhuban, East Champaran .... Petitioner Versus 1. The State Of Bihar .... Opposite Party ====================================================== Appearance : For the Petitioner/s : Mr. For the Opposite Party/s : Mr. ====================================================== CORAM: HONOURABLE MR. JUSTICE GOPAL PRASAD ORAL ORDER 3 04-04-2012 Heard learned counsel for the petitioner and the State. This is an application for grant of anticipatory bail for offence under [STATUTE] . The only material against the petitioner that he was last seen with the deceased. The learned counsel for the petitioner submits that the dead body was recovered, which was identified to be the body of the deceased. However, the petitioner went with the deceased on 04.07.2010, the dead body was recovered on 08.07.2010 and the post mortem report was conducted on 10.07.2010 and the time elapsed since death is 7 to 10 days corresponding to the date of occurrence. There is no eye witness and the case hinges on circumstantial evidence and the chain of circumstance is missing. Hence, having regard to the facts and circumstances of the case, in the event of arrest or surrender of the petitioner, he is directed to be released on anticipatory bail, within four weeks, from the date of receipt of this order, on furnishing bail bond of Rs.10,000/- (rupees ten thousand) with two sureties of the like amount each in connection with Madhuban P.S. Case No. 81 of 2010 to the satisfaction of the Subdivisional Judicial Magistrate, Sikarahana, East Champaran, at Motihari, subject to the condition laid down under Section 438(2) of the Criminal Procedure Code and the petitioner shall cooperate with the police during investigation and produce himself as and when required by the police during investigation. If any incriminating material is found against the petitioner and the charge sheet is submitted against the petitioner then the petitioner shall surrender and prayer for regular bail, which will be considered on it’s own merit. SA/- (Gopal Prasad, 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.