IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.18590 of 2010 MD.FIROJ ALAM @ MD.FIROJ Versus STATE OF BIHAR ----------- 4 25.10.2010 Heard learned counsel for the parties. Killing after rape is the allegation, innocence is the defence with further specification that final form was submitted against the petitioner and only after revision cognizance is taken. No doubt there is no eye witness of the incident and circumstance is only there to involve the petitioner and co-accused as used condoms were found near the place of occurrence, allegedly were purchased by accused persons of the case. Witnesses including shop keeper are there to state that recovered condoms of certain brand were purchased by co-accused Shamim and Harun and the petitioner also joined them, does not favour the petitioner for anticipatory bail. Hence, prayer for anticipatory bail on behalf of petitioner is rejected. AI ( Mandhata Singh, J.)