Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.5066 of 2012 ====================================================== 1. Binoy Roy 2. Sokil Rai @ Shushil Roy. 3. Santosh Roy. .... .... Petitioner/s Versus The State Of Bihar .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 2 22-02-2012 Heard learned counsels for the petitioners and the State. The petitioner no.1 being the husband petitioner nos. 2 and 3 being brothers of the husband are languishing in custody in a case registered for the offences punishable under [STATUTE] . The accusation is of killing the victim after five years of the marriage for non-fulfillment of the dowry demand. It is submitted by learned counsel for the petitioners that for the occurrence of 16.05.2011, the F.I.R. was lodged on 21.05.2011. Considering the fact that the thrust of the accusation is against the husband (petitioner no.1), this Court is not inclined to grant bail to the husband (petitioner no.1) for the present. Accordingly, the prayer for bail with regard to Patna High Court Cr.Misc. No.5066 of 2012 (2) dt.22-02-2012 2 / 2 2 petitioner no.1 is rejected. So far as petitioner nos. 2 and 3 are concerned, considering the nature of accusation and the fact that the death took place after five years of the marriage, let the above named petitioner nos.2 and 3 be released on bail, on furnishing the bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Saharsa in connection with Bakhtiyarpur P.S. Case No. 84 of 2011. Amrendra/- (Dinesh 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.