IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.22784 of 2009 ***** 1. Nagendra Rai @ Raj Pancham Rai @ Pancham Rai, son of Vikrama Rai, resident of village- Rajpur, Police Station Simri, District-Buxar. 2. Rajesh Mishra son of Madan Mohan Mishra, resident of village- Niyazipur (Arjunpur), Police Station Simri, District-Buxar. …. …. Petitioner Versus The State of Bihar …. …. Opposite party ----------- 5. 27.10.2009. Heard learned senior counsel for the petitioner, learned counsel for the informant and the learned A.P.P. for the State. The two petitioners are in judicial custody in relation to Simri P.S. Case No.05 of 2009 which was registered under Sections 302, 201 and 34 of the Indian Penal Code. The case was instituted on the basis of a written report filed by the son of the deceased stating therein that his mother aged about 82 years died due to burn injuries on the night of 3rd/4th January, 2009 when she was worshiping all alone in the room in question. But subsequently it seems the case took a different turn when U.D. Case No.1/09 came to be instituted. On further investigation human blood was found on various objects and places in the room. There are certain materials to show, despite a strong rumor having been spread in the village that the deceased had committed sati, it was a case of murder. Rumor was spread by burning the body to camouflage the homicide. After investigation certain materials emerged linking petitioner no.1 and his friend petitioner no.2 with the crime. A charge-sheet stands filed against them now and a prayer for bail has been made. The primary submission is that it’s a case of suspicion and not substantive evidence in terms of eyewitnesses. - 2 - The Court would not like to record in detail the various materials which have come during the course of trial where a strong needle of suspicion points towards the petitioners, lest it in any manner affect the trial as and when it is held. The benefit of doubt which the petitioners are looking for is not available to them for the purpose of bail at this stage. Looking at the seriousness and the violence with which the crime has been committed against a helpless old woman, prayer for bail of the petitioners is hereby rejected. But petitioners have liberty to approach this court once the trial begins and some evidence comes which may be supportive of the petitioners innocence. Pawan/- (Ajay Kumar Tripathi, J.)