Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.26467 of 2012 ====================================================== Yadunandan Pandey .... .... Petitioner. Versus The State Of Bihar .... .... Opposite Party. ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 2 30-07-2012 Heard learned counsels for the petitioner, informant and the State. The petitioner is apprehending his arrest in a case registered for the offences punishable under [STATUTE] . It is alleged that the petitioner was an accused in Bhagwanpur P.S. Case No. 114 of 2011 when he was got released by 30-40 villagers when he was apprehended by the police. In view of this Court, it is a good case for consideration of regular bail if the petitioner surrenders within a period of six weeks from the date of receipt of copy of this order in connection with Bhagwanpur P.S. Case No. 53 of 2012 pending in the court of the learned C.J.M., Vaishali at Hajipur. With this observation, the application is Patna High Court Cr.Misc. No.26467 of 2012 (2) dt.30-07-2012 2 / 2 2 disposed off. Let the order be faxed to the learned court below at the cost of the petitioner. U.K./- (Dinesh Kumar Singh, J)

Applicable IPC Section: 216

Statute Text:
Section 216 of the Indian Penal Code. Harbouring an offender who has escaped from custody, or whose apprehension has been ordered, If the offence be capital. Whenever any person convicted of or charged with an offence, being in lawful custody for that offence, escapes from such custody, or whenever a public servant, in the exercise of the lawful powers of such public servant, orders a certain person to be apprehended for an offence, whoever, knowing of such escape or order for apprehension, harbours or conceals that person with the intention of preventing him from being apprehended, shall be punished in the manner following, that is to say: if a capital offence — if the offence for which the person was in custody or is ordered to be apprehended is punishable with death, he shall 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, or with imprisonment — if the offence is punishable with imprisonment for life or imprisonment for ten years, he shall be punished with imprisonment of either description for a term which may extend to three years, with or without fine; and if the offence is punishable with imprisonment which may extend to one year and not to ten years, he 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 such offence or with fine, or with both. "Offence" in this section includes also any act or omission of which a person is alleged to have been guilty out of India, which, if he had been guilty of it in India, would have been punishable as an offence, and for which he is, under any law relating to extradition, or otherwise liable to be apprehended or detained in custody in India, and every such act or omission shall, for the purposes of this section, be deemed to be punishable as if the accused person had been guilty of it in India.