IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.37787 of 2009 REKHA DEVI w/o Prabhu Sahni, R/O Village Sadhuwa, P.S. Gopalpur (Rangra) District Bhagalpur. Versus STATE OF BIHAR ----------- 3 4/12/2009 Heard counsel for the petitioner and counsel for the State. The petitioner faces prosecution for the offence under sections 302/34 of the Indian Penal Code with an allegation that the deceased being called by the petitioner at about 11 P.M. had gone with her and thereafter would never return back to the house till his dead body was found in a ditch. Mr. Yogendra Prasad Sinha, learned counsel appearing on behalf of the petitioner would submit that merely because the petitioner, a lady, had sought to take assistance from the deceased with regard to finding out her missing she-goat, it cannot be presumed, even if the deceased had accompanied with the petitioner, that the ultimate death was on account of any overtact on the part of the petitioner. In fact, Mr. Sinha would proceed to submit that even that pat of allegation cannot be accepted because the petitioner and the deceased were on inimical terms and therefore it would be difficult to believe that in the dead of the night the deceased could have 2 accompanied the petitioner as is suggested in the First Information Report. In the opinion of this Court, the aforesaid plea of Mr. Sinha could have carried some weight, had such suggested previous enmity been supported by any document. An oral assertion only to that effect would hardly be an answer to the specific allegation of the Informant in the F.I.R. asserting that it was the petitioner who had taken away the deceased from his house on the pretext of searching her missing she-goat in the fateful night whereafter he had never returned back to his house and only his dead body was recovered on the next day. This part of the allegation of the Informant also gets support from the consistent version of other persons who too have consistently suported the informant as with regard to the petitioner being last seen with the deceased before recovery of the dead body in the next morning. In such a situation, it cannot be said that the petitioner’s implication in this case is wholly without substance. Consequently, at this stage the petitioner, though a lady, seems to be a directly connecting link for the offence in question. That being so, prayer for bail of the petitioner is rejected. Abhay Kumar (Mihir Kumar Jha, J.) 3