Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.7408 of 2012 ====================================================== Binod Chaubey @ Chunmun Chaubey .... .... Petitioner/s Versus The State Of Bihar .... .... Opposite Party/s ====================================================== with Criminal Miscellaneous No.8528 of 2012 ====================================================== Bindeshwari Choudhary .... .... Petitioner/s Versus The State Of Bihar .... .... Opposite Party/s ===================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 3 23-03-2012 The matter has been listed under the heading “to be mentioned” at the instance of the petitioners. On 14.03.2012, two criminal miscellaneous applications being Cr. Misc. No. 7408 of 2012 and Cr. Misc. No. 8528 of 2012 were disposed off simultaneously when the application with regard to Bindeshwari Choudhary of Cr. Misc. No. 8528 of 2012 was withdrawn since he was arrested when the petitioner Binod Chaubey @ Chunmun Chaubey of Cr. Misc. No. 7408 of 2012 was granted anticipatory bail in connection with Itarhi P.S. Case No. 143 of 2011 pending in the court of learned Chief Judicial Magistrate, Buxar. But, it appears that inadvertently, the order of Cr. Patna High Court Cr.Misc. No.7408 of 2012 (3) dt.23-03-2012 2/ 3 Misc. No. 7408 of 2012 has been recorded in Cr. Misc. No. 8528 of 2012 and the order of Cr. Misc. No. 8528 of 2012 has been recorded in Cr. Misc. No. 7408 of 2012. The order of Cr. Misc. No. 8528 of 2012 (Bindeshwari Choudhary Vs. The State of Bihar) reads as follows:- Learned counsel for the petitioner seeks permission to withdraw this application as the petitioner has been arrested during the pendency of the same. This application is dismissed as withdrawn. Whereas the order of Cr. Misc. No. 7408 of 2012 (Binod Chaubey @ Chunmun Chaubey Vs. The State of Bihar) reads as follows :- Heard learned counsels for the petitioner and the State. The petitioner being the elder brother of the husband is apprehending arrest in a case registered for the offences punishable under [STATUTE] . The accusation is of killing the victim. It appears that for the occurrence of 22.10.2011, the complaint was filed on 29.10.2011. Admittedly the marriage was Patna High Court Cr.Misc. No.7408 of 2012 (3) dt.23-03-2012 3/ 3 performed ten years prior to the occurrence. It is submitted by learned counsel for the petitioner that the husband is in custody. Considering the aforesaid facts, let the above named petitioner be released on anticipatory bail, in the event of arrest or surrender before the learned Court below within a period of 12 weeks from today on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of like amount each to the satisfaction of the learned Chief Judicial Magistrate, Buxar in connection with Itarhi P.S. Case No. 143 of 2011 subject to the conditions as laid down under Section 438(2) Cr.P.C. The orders dated 14.03.2012 wrongly recorded in Cr. Misc. No. 7408 of 2012 and Cr. Misc. No. 8528 of 2012 stand modified to the extant as indicated above. Let the order be transmitted through fax at the cost of the petitioners. Amrendra/- (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.