Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.22564 of 2012 ====================================================== 1. Ramsakhi Devi W/O Shibu Sharma Resident Of Village- Gajpatti, P.S- Hasanpur, District- Samastipur. 2. Shibu Sharam S/O Ganga Sharma Resident Of Village- Gajpatti, P.S- Hasanpur, District- Samastipur. 3. Upendra Sharma S/O Shibu Sharam Resident Of Village- Gajpatti, P.S- Hasanpur, District- Samastipur. 4. Jitendra Sharma S/O Shibu Sharma Resident Of Village- Gajpatti, P.S- Hasanpur, District- Samastipur. .... .... Petitioner/s Versus 1. The State Of Bihar .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 2 14-06-2012 Heard learned counsels for petitioners and the State. The petitioners apprehend their arrest in connection with a case registered for the offence punishable under [STATUTE] . It is contended that petitioner no.1 is mother-in-law, petitioner no.2 is father-in-law and petitioner nos.3 and 4 are brothers-in-law (Bhaisur) of the victim. They were named together with the husband and the sister-in-law (Gotni) of the victim in the first information report. The police, on conclusion of investigation, submitted charge-sheet against the husband and sister-in-law of the victim but the petitioners were found innocent. They were not sent up for trial. However, the learned Magistrate differing with Patna High Court Cr.Misc. No.22564 of 2012 (2) dt.14-06-2012 2 the police report took cognizance of the offence against the petitioners too. It is also contended that the husband and the sister- in-law, who have been sent up for trial, have already been granted bail in Cr.Misc. No.40994 of 2011 and Cr. Misc. No.1807 of 2012 respectively by another Bench of this court. Be that as it may, considering the facts and circumstances of the case, let the petitioners named above in the event of arrest or surrender within a period of four weeks from the date of receipt/production of a copy of this order be released on bail on furnishing bail bonds of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, Rosera, Samastipur in connection with Hasanpur P.S. Case No.120 of 2010 subject to the conditions as laid down under section 438(2) Cr.P.C. and also subject to the conditions (i) that both the bailors will be close relative of the petitioners who will give separate affidavit giving genealogy as to how they are related with the petitioners (ii) that the petitioners shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him to disclose such facts to the court or to any other authority (iii) that they shall remain present before the court on the dates fixed for hearing of the case. If they Patna High Court Cr.Misc. No.22564 of 2012 (2) dt.14-06-2012 3 want to remain absent, then they shall take prior permission of the court and in case of compelling and unavoidable circumstances for remaining absent, they shall immediately inform the court and request that they may be permitted to be present through counsel (iv) that liberty is given to the State to make an appropriate application for modifying/recalling the order granting bail, if for any reason, the petitioners violate any of the conditions imposed by this court. Md.S./- (Ashwani Kumar Singh, 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.