Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.42539 of 2011 ====================================================== 1. Bachcha Lal Sahani S/O Late Motar Sahni Resident Of Village- Bhopatpur, Tirojagarh, P.S.- Kotwa, District- East Champaran. 2. Rakesh Sahani S/O Late Motar Sahni Resident Of Village- Bhopatpur, Tirojagarh, P.S.- Kotwa, District- East Champaran. .... .... Petitioners Versus The State Of Bihar .... .... Opposite Party ====================================================== CORAM: HONOURABLE MR. JUSTICE JYOTI SARAN ORAL ORDER 03. 13-02-2012 Heard the parties. The petitioners are in custody in connection with Kotwa P.S. Case No. 133 of 2010 for offence punishable under [STATUTE] . Learned counsel for the petitioners with reference to the re-statement of the informant recorded in paragraph 4 of the case diary submits that the informant has himself accepted that the eldest son of the petitioner no. 1 and the victim lady is aged about eight years and thus the marriage cannot be less than nine years old. He thus submits that no offence under Section 304B is made out against the petitioners who are the husband and Dewar respectively. It is submitted that the cause of the alleged occurrence is otherwise and that the victim having been caught in an objectionable position with the petitioner no. 2 by the husband-petitioner no. 1 and the wife of the petitioner no. 2, she committed suicide. It is submitted that the police after investigation has submitted charge sheet under [STATUTE] . Regard being had to the submission of learned counsel, let the petitioners Bachcha Lal Sahani and Rakesh Sahani be released on bail upon Patna High Court Cr.Misc. No.42539 of 2011 (3) dt.13-02-2012 2 each one of them furnishing bail bonds of Rs. 10,000/- (rupees ten thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, East Champaran at Motihari in connection with Kotwa P.S. Case No. 133 of 2010 subject to the condition that the petitioners shall ensure their representation before the court below on each and every date fixed in the case and the failure on the part of the petitioners to ensure their representation on two consecutive dates fixed without reasonable explanation to the satisfaction of the court below, would entitle the court concerned to cancel bail bonds of the defaulting petitioner(s) and to take him into custody. S.Sb/- (Jyoti Saran, 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.