Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.38305 of 2011 ====================================================== 1. Surya Nandan Prasad @ Surja Nandan Prasad Son of Arjun Prasad R/O Village Dosut, P.S.- Wena, Dist Nalanda. .... .... Petitioner/s Versus 1. The State Of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Bhola Prasad, Advocate For the Opposite Party/s : Mr. S.K. Pandey, APP For the informant : Mr. Hare Krishna Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE JYOTI SARAN ORAL ORDER 3. 07-02-2012 Heard learned counsel appearing on behalf of the petitioner, the learned counsel appearing on behalf of the State and the learned counsel for the informant. The petitioner is in custody in connection with Rahui (Wena) P.S.Case No.290 of 2010 for offences punishable under [STATUTE] . The petitioner happens to be the husband of the deceased. The allegation against the petitioner and his family members is of murdering the daughter of the informant and disposing of the body in suspicious manner. Learned counsel for the petitioner submits that the marriage having taken place in the year 1997, a complaint case was instituted by the wife giving rise to Complaint Case Patna High Court Cr.Misc. No.38305 of 2011 (3) dt.07-02-2012 2 No.539 of 2001 and in which a compromise was entered into between the parties in the year 2002. It is stated that since thereafter, there has been no complaint of any altercation between the parties nor the matter went to the court. It is stated that the couple did not have any issue and by reason whereof she had committed suicide. It is stated that the death having taken place after eight years of the compromise, the involvement of the petitioner is merely on account of his being the husband. The prayer for bail has been opposed by the learned Additional Public Prosecutor who refers to the opinion of the Supervising Authority holding it to be a case of murder. Mr. Hare Krishna Kumar, learned counsel appearing on behalf of the informant, has referred to paragraph no.46 of the case diary which is a statement of the mother of the petitioner and in which she has stated that the dead body of the daughter of the informant was disposed of by this petitioner along with the father in the Ganges. Considering the circumstances, I am not inclined to allow the prayer of the petitioner and the same is refused. The application is dismissed. Learned counsel for the petitioner submits that the Patna High Court Cr.Misc. No.38305 of 2011 (3) dt.07-02-2012 3 charges have been framed in the case and the matter has been put to trial. The trial court would be well advised to expedite the trial. ahk (Jyoti Saran, 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.