Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.38164 of 2011 Subodh Rai, S/O-Saheb Rai Versus The State Of Bihar ---------------------------------- 03 03.01.2012 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. Petitioner is in jail custody since 31.05.2011 in a case registered under [STATUTE] . Admittedly, petitioner is husband of the deceased and his marriage had taken place with deceased in the year 2007. Learned counsel appearing for petitioner submits that in course of investigation one witness stated before the Investigating Officer that deceased had consumed poison but in spite of that the police has submitted charge-sheet under [STATUTE] . Considering the aforesaid facts and circumstances as well as submissions of the parties, I am not inclined to release the petitioner on bail. Accordingly, his prayer for bail in connection with Bakhtiyarpur P.S. Case No. 39 of 2011 pending in the court of Additional Chief Judicial Magistrate, Barh, District-Patna is, hereby, rejected. It appears from perusal of prayer portion of this petition that the case of this petitioner is still pending in the court of Additional Chief Judicial Magistrate, Barh, District-Patna. In the aforesaid circumstance, learned Additional Chief Judicial Magistrate, Barh, is directed to commit the case of 2 the petitioner to the court of Sessions in accordance with law within 15 days from the date of receipt of this order and after commitment, the learned trial court shall expedite the trial of the petitioner and if the trial of the petitioner is not concluded within nine months from the date of receipt of the record in the trial court, the petitioner may renew his prayer for bail. Let this order be communicated to the court of Additional Chief Judicial Magistrate, Barh, District-Patna through FAX at the cost of the petitioner. SHAHZAD ( Hemant Kumar Srivastava, 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.