Case Facts:
Patna High Court Cr.Misc. No.25477 of 2012 (3) dt.10-09-2012 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.25477 of 2012 ====================================================== Phool Chand Mandal, son of Guneshwar Kamat, resident of Village- Babhani, P.S. Gamhariya, District- Madhepura. .... .... Petitioner. Versus The State of Bihar .... .... Opposite Party. CORAM: HONOURABLE MR. JUSTICE GOPAL PRASAD ORAL ORDER 3 10-09-2012 Heard learned counsel for the petitioner and learned counsel for the State. The petitioner has been arrested in connection with Gamhariya P.S. Case No. 20 of 2012, registered under [STATUTE] . The petitioner is father-in-law of the victim. There is allegation that son of the petitioner was married with the victim about two years back and there is allegation of demand and subjecting cruelty. One day prior to the occurrence the informant went to sasural of her daughter to take the victim to attend a marriage ceremony, but the victim was not traced out. Learned counsel for the petitioner submits that dead body has not been discovered. It is further submitted that husband of the victim has filed anticipatory bail petition which is pending in the High Court. The petitioner is in jail custody since 09. 04. 2012. Learned counsel for the State however contends that in Patna High Court Cr.Misc. No.25477 of 2012 (3) dt.10-09-2012 the bail petition of the petitioner has specifically stated that victim committed suicide and informant participated in cremation of the victim and thereafter the informant demanded the ornaments of the victim. There is specific allegation that death in suspicion circumstance and dead body was disposed of when the informant reached there. It has further been contended that in para 19 of the case diary wherein mentioned about the place where the victim was cremated. Having regard to the facts and circumstances of the case, the above named petitioner is directed to be released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Madhepura, in connection with Gamhariya P.S. Case No. 20 of 2012, G.R. No. 384 of 2012, subject to condition that petitioner shall appear on each and every date fixed in this case and any absence shall be subject to satisfaction of the court below on reasonable ground. Further condition that petitioner shall not remain absence on two consecutive dates and any absence on two consecutive dates bail bond of the petitioner shall stand cancelled. m.p. (Gopal Prasad, 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.