Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.8763 of 2012 ====================================================== 1. Rameshwar Rai 2. Rita Devi. .... .... Petitioner/s Versus The State Of Bihar .... .... Opposite Party/s ====================================================== With Criminal Miscellaneous No.10651 of 2012 ====================================================== Manjay Rai .... .... Petitioner/s Versus The State Of Bihar .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 2 26-03-2012 Heard learned counsels for the petitioner and the State. The petitioners of Cr. Misc. No. 8763 of 2012 being the resident of different neighbouring village of the husband of the deceased and petitioner of Cr. Misc. No. 10651 of 2012 being the husband of the deceased are apprehending arrest in a case registered for the offences punishable under [STATUTE] . The accusation is of killing the sister of the informant after five years of the marriage by throttling and disposing off the dead body. It is submitted by learned counsel for the petitioners Patna High Court Cr.Misc. No.8763 of 2012 (2) dt.26-03-2012 2/3 of Cr. Misc. No. 8763 of 2012 that the petitioners are the resident of different neighbouring village of the husband of the deceased and on suspicion they have been roped in the present case. It is submitted by learned counsel for the petitioner of Cr. Misc. No. 10651 of 2012 that the informant has retracted from his initial version and has filed a petition to that effect before the learned court below. Considering the aforesaid facts, let the above named petitioners of Cr. Misc. No. 8763 of 2012 be released on anticipatory bail, in the event of arrest or surrender before the learned Court below within a period of 12 weeks from today, on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Vaishali at Hajipur in connection with Lalganj P.S. Case No. 133 of 2011, subject to the conditions as laid down under Section 438(2) Cr.P.C. So far as petitioner of Cr. Misc. No. 10651 of 2012 being the husband of the deceased is concerned, this Court is not inclined to grant anticipatory bail to him. Let the learned court below consider the regular bail of the petitioner of Cr. Misc. No. 10651 of 2012, if he Patna High Court Cr.Misc. No.8763 of 2012 (2) dt.26-03-2012 3/3 surrenders within a period of six week keeping in view that the informant has retracted from his initial version. With the above observation, Cr. Misc. NO. 10651 of 2012 is disposed off. 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.