IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.38644 of 2008 KUNDAN KUMAR SINGH @ Kundan Kumar, son of Jaumaijai Singh, resident of village Basnilla, P.S. Jalalpur, District Saran … Petitioner Versus STATE OF BIHAR …… Opposite party ----------- 04/ 19.11.2008 Heard learned counsel for the petitioner and the State. Petitioner is the named suspect in the First Information Report registered for the offence under Sections 302/34 of the Indian Penal Code. It appears from the case diary that on the fateful day, the deceased was seen along with the petitioner and other FIR named accused, Shiv Pratap Singh @ Bhuar Singh going from the village, the previous night next morning her dead body was found near Bhagwan Bazar P.S., whereafter a U.D. case was registered in Bhagwan Bazar P.S. and the present case was registered in Jalalpur P.S. During the investigation, witnesses, in paragraph nos. 5,6 and 7 of the case diary, have testified that they have seen the deceased along with the two FIR named accused persons going from the village, the previous night. Counsel for the petitioner, however, with reference to the statements made in paragraph nos. 14 to 17 of the case diary, submitted that the witnesses have also said that the deceased was of questionable character. Character of the deceased is not the issue to be considered while appreciating the prayer for bail of the petitioner, in the circumstances, without placing reliance over the statements 2 made in paragraph nos. 14 to 17 of the case diary, I reject this application with liberty to the petitioner to apply for grant of bail if at all Shiv Pratap Singh @ Bhuar Singh, another suspect named in the First Information Report is released on bail. Arjun/ (V.N. Sinha, J.)