Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.39613 of 2012 ====================================================== Smt. Sunita Singh .... .... Petitioner/s Versus The State Of Bihar .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 2 18-10-2012 Petitioner is apprehending her arrest in a case registered for the offences punishable under [STATUTE] . It is alleged by the father of the victim that his son conveyed through telephone that he is staying at Muzaffarpur at his maternal uncle’s place who is husband of this petitioner and after 28.01.2012 his mobile got switched off when his dead body was recovered then the F.I.R. was lodged by the Chaukidar. Subsequently the father of the victim identified the dead body and alleged the accusation against the petitioner and her husband who are maternal uncle and aunt of the victim. It is submitted by learned senior counsel for the petitioner that there is no eye witness to the occurrence and the mobile call has not been verified. It is further submitted that husband of the petitioner who has been charge-sheeted has been granted bail vide Cr. Misc. No. 23659 of 2012 whereas investigation against the petitioner is still pending. It is submitted by learned counsel for the Patna High Court Cr.Misc. No.39613 of 2012 (2) dt.18-10-2012 2 / 2 2 informant that during the investigation the eye witnesses saw the victim in the company of the husband of the petitioner and the telephone details has been taken out by this petitioner but has failed to submit that the telephone details has been incorporated by the I.O. in the case diary. Considering the suspicious nature of accusation and the fact that charge-sheeted accused has been granted regular bail, this Court sees no reason for learned Court below not to give the same privilege to the petitioner, if the petitioner surrenders within a period of eight weeks in connection with Kurhani(Turki O.P.) P.S. Case No. 21 of 2012, pending in the Court of learned Sub-Divisional Judicial Magistrate, West, Muzaffarpur. It is expected from the learned Court below to dispose off the bail application of the petitioner, preferably on the same day, since petitioner is a lady. With the observations above, the application stands disposed off. Let the order of this Court be transmitted through FAX to the learned Court below at the cost of the petitioner. Shageer/- (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.