IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.706 of 2009 1. Warish Ansari son of Basruddin Ansari. 2. Walifan Khatoon wife of Warish Mian. Both are residents of Village- Sariya Bazar, P.S. Deoria, District- Muazaffarpur………………………….Petitioners. -Versus- The State of Bihar………………………………Opposite Party. ----------- 4. 09.04.2009. Heard the learned counsel for the petitioners Warish Ansari and Walifan Khatoon, the two First Information Report named accused of Paroo (Deoria) P. S. Case No. 160 of 2003 registered under Section 302 of the Indian Penal Code on the allegation of having killed Rasul Ansari who happens to be the unfortunate Bahnoi of petitioner no.1. The submission on behalf of the petitioners is that there is omnibus allegation against the petitioners and there is no eye witness to the occurrence and above all co-accused, Makhulan Khatoon, Nirisha Khatoon and others have been enlarged on bail. It appears that the dead body of deceased Rasul Ansari was recovered from the house of the petitioners and the dead body had injuries on the neck, wrist and other parts of the body. It is also in evidence that the sister of the petitioner no.1, who was the wife of the deceased, and petitioner no.1 himself did not have good relationship inter-se. That apart the petitioners have been absconding for almost five years. A report regarding the stage of the trial was called for and the report received, kept at Flag-B, indicates that the petitioners are facing as many as three sessions trials and the instant sessions trial, - 2 - namely, Sessions Trial No. 147 of 2004 has been separated from the parent sessions trial by reason of absence of the petitioners from court. In the aforesaid background, I do not find it is a proper case where the petitioners are entitled to bail. The prayer for bail of the petitioners is, according, rejected. U.K. (Abhijit Sinha,J)