Case Facts:
Patna High Court Cr.Misc. No.23183 of 2012 (2) dt.20-06-2012 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.23183 of 2012 ====================================================== 1. Wakil Mandal S/O Late Dina Das Mandal R/O Vill- Govindpur(Mohanpur), P.S.-Pirpaintee, Distt-Bhagalpur 2. Dilip Mandal S/O Late Dina Das Mandal R/O Vill- Govindpur(Mohanpur), P.S.-Pirpaintee, Distt-Bhagalpur .... .... Petitioners Versus The State of Bihar .... .... Opposite Party ====================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL ORDER 02 20-06-2012 Heard learned counsel for the petitioners and learned counsel for the State. The petitioners along with others are the co-accused in Pirpainty P.S. Case No. 03 of 2011 registered for offence under [STATUTE] and later on [STATUTE] was also added. Learned counsel for the petitioners submits that the F.I.R. alleges that 14 days prior to the lodging of the F.I.R., the petitioners along with others had been to the residence of the informant and taken away the husband of the informant after which he was not seen. It is further submitted that after four days of lodging of the F.I.R. the body of the husband of the informant was recovered. Learned counsel submits that similarly situated two Patna High Court Cr.Misc. No.23183 of 2012 (2) dt.20-06-2012 other co-accused namely Sanjay Mandal and Pago Mandal have been granted bail by a Bench of this Court on 29.7.2011 in Cr. Misc. No. 22941 of 2011. A web copy of the same has been produced before this Court which is being taken on record. Learned counsel further submits that the petitioners are in custody since 15.12.2011 and have clean antecedent. Learned A.P.P. for the State opposes the prayer for bail and submits that the petitioners are named accused and it was they who had taken away the husband of the informant whose dead body was later found and thus they do not deserve to be released on bail. Considering the facts and circumstances of the case, let the petitioners named above be released on bail on furnishing bail bond of Rs. 10, 000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Bhagalpur, in Pirpainty P.S. Case No. 03 of 2011. Ravi/- (Ahsanuddin Amanullah, 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.