Case Facts:
Patna High Court Cr.Misc. No.41758 of 2009 (2) dt.27-03-2012 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.41758 of 2009 ====================================================== Dinesh Mishra .... .... Petitioner/s Versus State Of Bihar & Ors .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Shailendra Kumar Singh For the State : Mr. Bipin Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 2 27-03-2012 Heard learned counsel for the parties. This application under Section 482 of the Code of Criminal Procedure is to quash the order dated 26.6.2009 passed in Criminal Revision No. 212 of 2008 by the Sessions Judge, Siwan, dismissing the aforesaid criminal revision preferred by the informant/petitioner against the order dated 10.9.2008 passed in Trial No. 433 of 2008, whereby the learned Sessions Judge rejected the application of the informant/petitioner filed under [STATUTE] . Perused the order dated 26.6.2009 passed in Criminal Revision No. 212 of 2008 and the order Patna High Court Cr.Misc. No.41758 of 2009 (2) dt.27-03-2012 dated 10.9.2008 passed in Trial No. 433 of 2008. I find no illegality amounting to abuse of the process of the Court. Accordingly, this application is dismissed. Arun Kumar/- (Rajendra Kumar Mishra, 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.