Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.13692 of 2012 ====================================================== Madan Kumar Mandal, S/o Dayanand Mandal, R/o Village - Devsthal, Police Station - Raniganj ( Bousi ), District - Araria .... .... Petitioner Versus The State of Bihar .... .... Opposite Party ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 2 02-04-2012 Heard learned counsel for petitioner and learned counsel for the State. The petitioner apprehends his arrest in connection with a case instituted for the offence punishable under [STATUTE] . It is submitted on behalf of the petitioner that the alleged date of occurrence is 11.05.2011 whereas the complaint was filed on 17.06.2011 which was referred to police under Section 156 Clause 3 of the Code of Criminal Procedure and, accordingly, the First Information Report was instituted on 14th July 2011. It is submitted that there is no explanation for inordinate delay in institution of the First Information Report. Even a perusal of the complaint would further make it clear that the deceased died in hospital the very next day and it was well within the knowledge of the complainant. The complainant is wife of the deceased and on suspicion that the petitioner and others administered spurious liquor to her husband the present case has been instituted. Considering the inordinate delay in institution of complaint facts and circumstances of the case, let the above named petitioner, in Patna High Court Cr.Misc. No.13692 of 2012 (2) dt.02-03-2012 2 the event of his arrest or surrender before the court below within a period of four weeks from the date of receipt/communication of the 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 Chief Judicial Magistrate, Araria in connection with Raniganj (Bousi) P. S. Case No. 145 of 2011, subject to the conditions as laid down under section 438(2) of the Code of Criminal Procedure as also on the following conditions: (i) That both the bailors will be close relative of the petitioner who will give separate affidavit giving genealogy as to how he is related with the petitioner. (ii) That the petitioner 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 he shall remain present before the court on the dates fixed for hearing of the case. If he wants to remain absent, then he will take prior permission of the court and in case of compelling and unavoidable circumstances for remaining absent, he will immediately inform the court and request that he may be permitted to be present through the 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 petitioner violates any of the conditions imposed by this Court. Ashwini/- (Ashwani Kumar Singh, J.)

Applicable IPC Section: 194

Statute Text:
Section 194 of the Indian Penal Code. Giving or fabricating false evidence with intent to cause any person to be convicted of a capital offence. Whoever gives or fabricates false evidence, intending thereby to cause, or knowing it to be likely that he will thereby cause, any person to be convicted of an offence which is capital by the laws for the time being in force in India shall be punished with imprisonment for life, or with rigorous imprisonment for a term which may extend to ten years, and shall also be liable to fine; If innocent person be thereby convicted and executed — and if an innocent person be convicted and executed in consequence of such false evidence, the person who gives such false evidence shall be punished either with death or the punishment hereinbefore described.