IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.32276 of 2009 LAIS KHAN & ANR Versus THE STATE OF BIHAR ----------- 03. 19.11.2009 Both the petitioners are alleged to be the persons along with yet another accused who had taken the Nati of the informant namely, Nasim Alam from his home on the pretext that they have some fun and games before coming back home. The incident is dated 15.3.2008 of about 7 PM. Informant stated that she waited for two hours and thereafter she went to sleep because she has problem of vision at night. Next day in the morning she went to the house of the petitioners, inquired about her Nati, accused persons assaulted her and chased her away. Later on a stranger disclosed that a dead body was lying on the railway track. She rushed to the place and identified the dead body to be that of her Nati. Submission of the learned counsel for the petitioners is that it is only a case of suspicion. There is nothing to show in the evidence that they had committed the crime or anybody had seen them committing the crime. But it also emerges from the evidence that petitioners have been evading law and they were not available for any investigation or inquiry. They have no explanation to offer as to what they did after they went out with the deceased. These are circumstances which does point towards the involvement of these petitioners in the crime in one form - 2 - or the other. If that be so, benefit of doubt cannot be given to the petitioner at this stage. The prayer for bail is rejected. rkp (Ajay Kumar Tripathi, J)