Case Facts:
Patna High Court Cr.Misc. No.35297 of 2011 (3) dt.01-02-2012 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.35297 of 2011 ====================================================== 1. Nitish Kumar Son of Satyendra Singh Resident Of Village - Keturi, P.S. - Gurua, District - Gaya. At Present Chhotaki Telha, New Colony, P.S. - Delha, District - Gaya. 2. Karu Kumar Son of Satyendra Singh Resident Of Village - Keturi, P.S. - Gurua, District - Gaya. At Present Chhotaki Telha, New Colony, P.S. - Delha, District - Gaya. .... .... Petitioners Versus The State of Bihar. .... .... Opposite Party ====================================================== Appearance: For the Petitioners : Mr. Shivendra Prasad For the Opposite Party : Mr. Md. Arif (A.P.P.) ====================================================== CORAM: HONOURABLE MR. JUSTICE JYOTI SARAN ORAL ORDER (Per: HONOURABLE MR. JUSTICE JYOTI SARAN) 03. 01-02-2012 Heard learned counsel the parties. The petitioners herein are in custody in connection with Delha P.S. Case No. 56 of 2011 for offence punishable under [STATUTE] . A decomposed body of the deceased was recovered by the informant who is the Officer In-Charge of Delha Police Station in the district of Gaya. The postmortem report shows death between 2 to 8 days of the recovery of the dead body. Learned counsel for the petitioners submits that the petitioners have been roped in the present case on mere suspicion inasmuch as the deceased Bhola Prasad is said to be Patna High Court Cr.Misc. No.35297 of 2011 (3) dt.01-02-2012 in litigating terms with the brother-in-law of this petitioner, namely, Dilip Raj @ Dilip Paswan and that this petitioner had on earlier occasion accompanied the said Dilip Raj. Learned counsel submits that another suspicion for the alleged occurrence is cast against co-accused Lakho Devi in respect of whom the deceased is said to have prepared a C.D. showing her involvement in ‘Heroin’ smuggling trade. Learned counsel submits that apart from the aforesaid circumstances there is no other circumstance connecting this petitioner with the alleged offence and that even the theory of last seen has been stated by a police spy, the identity of whom has not been disclosed. Regard being had to the circumstances and the submissions of learned counsel, let the petitioners Nitish Kumar and Karu Kumar be released on bail upon each one of them individually 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, Gaya in connection with Delha P.S. Case No. 56 of 2011. 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.