IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.35672 of 2011 Imam Hussain @ Amma Versus The State Of Bihar ----------- 03/ 02.12.2011 Heard learned counsel for the petitioner as well as learned Addl. Public Prosecutor for the State. Petitioner is in jail custody in connection with Barari (Semapur) P.S. case no. 100/2011 registered under section 302/34 of the IPC. Petitioner is not named in the first information report but in course of investigation witnesses claim to have seen the petitioner going towards outside the village along with the deceased. The Investigating officer after investigation submitted charge sheet against the petitioner under sections 376, 302 of the IPC. Learned counsel for the petitioner submits that post mortem report does not support the story of rape and, at best, it is a case of last seen. Considering the aforesaid facts and circumstances as well as submissions of the parties, I am not inclined to release the petitioner, on bail, at least, at this stage, in connection with Barari (Semapur) P.S. case no. 100/2011 pending in the court of the Chief Judicial Magistrate, Katihar. Accordingly, prayer for bail of the petitioner is, hereby, rejected. shahid (Hemant Kumar Srivastava,J)