IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.8024 of 2011 RAJENDRA RAM Versus THE STATE OF BIHAR ----------- 04. 18.05.2011. Heard Sri Mani Shankar Narayan, learned counsel appearing for the petitioner on the renewal prayer. It is not yet certain as to whether the Additional Chief Judicial Magistrate, Patnacity had passed any order either of taking cognizance of any offence or refusing to take cognizance on the basis of the police report in connected FIR that’s Alamganj P.S.Case No.202 of 2009. The contention was that there was no eye witness to the occurrence of the postmortem examination which was not held on the dead body and, as such, it could be simply hazardous for any reasonable person to hold at the present petitioner reasonable for causing the death of a lady. It is indicated by the earlier order passed by me that it was this petitioner who was accompanying the co-accused Jitendra Kumar. This petitioner had led in committing the acts by falling the lady on the ground 2 and thereafter gagging her so that she could be murdered without any harsh or pups. The identity of the petitioner was duly established while passing the order earlier on 21.5.2010. As regards the absence of any the deceased, herself, was the informant and in that view, I am not inclined to direct the release of the above named petitioner on bail at this stage. However, if the order of cognizance has not been passed, then the petitioner shall be free to yet another petition after seeking proper information from the court below so that this court may examine to legality and propriety of the detention. B.Kr. ( Dharnidhar Jha,J.)