Case Facts:
Patna High Court Cr.Misc. No.29794 of 2012 (2) dt.01-08-2012 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.29794 of 2012 ====================================================== 1. Sri Prakash Chaudhary @ Prince Son Of Om Prakash Chaudhary Resident Of Village Pately, P.S. Ujiarpur, District Samastipur .... .... Petitioner/s Versus 1. The State Of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Yugal Kishore, Advocate For the Opposite Party/s : Mr. APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHYAM KISHORE SHARMA ORAL ORDER 2 01-08-2012 Heard learned counsel for the petitioner and learned APP for the State. Altogether six persons are named as accused in a case registered [STATUTE] . As per allegation, Rohit Kumar who is in custody was conspiring with the petitioner to kill Badri Goyanka who is a Railway Contractor. Submission is that the petitioner is not at all connected with any conspiracy. He has been roped in without any legal evidence. Considering the facts and circumstances of the case, the petitioner above named is directed to be released on bail on Patna High Court Cr.Misc. No.29794 of 2012 (2) dt.01-08-2012 furnishing of bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned C.J.M./concerned Court, Samastipur in connection with Samastipur Town P.S. Case No. 113 of 2012. avin/- (Shyam Kishore Sharma, 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.