IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.44012 of 2008 SUBASH SAH, S/o Bishwanath Sah, R/o Vill. Baurai, P.S. Chainpur, District Kaimur at Bhabua. Versus The STATE OF BIHAR ----------- 3/ 27.02.2009 Heard learned counsel for the petitioner and learned counsel for the State. Submission of the learned counsel for the petitioner is that it can be a case of last seen for the deceased with Rajesh Sah and Jagat Narayan Singh and he left his house with these two persons. It is the statement of the daughter of the deceased, recorded in para-112 of the case diary, but in the same continuation, there is mention regarding petitioner’s frequently coming and also staying even in night and handing over a knife. The matters are not so relevant but the statement of this daughter was being prevented by the deceased’s wife, which can be taken as confession without any adverse circumstance naming this petitioner also. There is indirectly allegation regarding having illicit relation. As such, it is not a simple case of suspicion, rather covered by circumstances. Accordingly, the application is rejected. shail (Mandhata Singh, J.)