Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.31041 of 2011 ====================================================== 1. Arjun Yadav S/O Late Jagdish Yadav R/O Vill- Chandchak, P.S- Masaurhi, Distt- Patna. .... .... Petitioner/s Versus 1. The State Of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. For the Opposite Party/s : Mr. ====================================================== CORAM: HONOURABLE MR. JUSTICE JYOTI SARAN ORAL ORDER 3. 12-03-2012. Heard learned counsel appearing on behalf of the petitioner and the learned counsel appearing on behalf of the State. The petitioner is in custody in connection with Sessions Trial No.570 of 2011 arising from Masaurhi P.S.Case No.46 of 2009 for the offence punishable under [STATUTE] . It is the case of the informant that upon non-return of his daughter, when he went to search for her, he found this petitioner slicing her neck with sickle. When the nephews of the informant apprehended the petitioner after chase, he was rescued by his brother Anuj Yadav. Learned counsel for the petitioner submits that it is a case of mistaken identity and that it is the petitioner who Patna High Court Cr.Misc. No.31041 of 2011 (3) dt.12-03-2012 2 informed the informant about the occurrence and who finding the petitioner standing near the dead body, implicated him with the alleged offence. Having heard the parties and having perused the materials on record, it is manifest that not only the petitioner but even the blood stained sickle was found at the place of occurrence and while the informant and his nephews tried to apprehend the petitioner, he was rescued by his brother. Considering the circumstances, no case for indulgence is made out. The application is dismissed. Let the trial be expedited. ahk/- (Jyoti Saran, J)

Applicable IPC Section: 225

Statute Text:
Section 225 of the Indian Penal Code. Resistance or obstruction to the lawful apprehension of any person, or, rescuing him from lawful custody. Whoever intentionally offers any resistance or illegal obstruction to the lawful apprehension of any other person for an offence, or rescues or attempts to rescue any other person from any custody in which that person is lawfully detained for an offence, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both; or, if the person to be apprehended, or the person rescued or attempted to be rescued, is charged with or liable to be apprehended for an offence punishable with imprisonment for life or imprisonment for a term 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; or, if the person to be apprehended or rescued, or attempted to be rescued, is charged with or liable to be apprehended for an offence punishable with death, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine; or, if the person to be apprehended or rescued, or attempted to be rescued, is liable under the sentence of a Court of Justice, or by virtue of a commutation of such a sentence, to imprisonment for life, or imprisonment, for a term of ten years or upwards, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine; or, if the person to be apprehended or rescued, or attempted to be rescued, is under sentence of death, shall be punished with 1imprisonment for life or imprisonment of either description for a term not exceeding ten years, and shall also be liable to fine.