IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.3799 of 2009 KHALIL MIAN, son of late Iddu Mian, resident of village Amsot, P.S. Mohanpur, District Gaya Versus STATE OF BIHAR ----------- 2/ 29.1.2009 Heard. The renewal prayer has been made on the ground that the petitioner had filed a complaint petition which is at page 30 of the present brief against some persons for causing the murder of deceased Md. Raqueeb. The further contention was that there was no evidence of causing death by strangulation and, lastly, that there was no eye witness account coming as to how the man was killed or by which method and by whom dead body was disposed of. If one could consider the complaint filed by the petitioner which is at page 30 and compares the date of the filing with other details of the present petition, then one could come to the conclusion that it was a very belated step taken by the petitioner as defence. It was after two weeks of the FIR of this case that the petitioner preferred complaint petition, probably after realizing that the reality was about to come out or it had really 2 come out. Dead body was traced out after many many days of the incidence and one could not expect external or internal damages to a body when it could have decomposed. As may appear from the earlier order and the FIR, the deceased was admittedly in the house of the present petitioner for about a month and he was objecting to his wife’s conduct of carrying on an illicit relationship with co accused Munauwar and all hands came together to ensure that the man was eliminated and thus, the stumbling block in continuing the illicit relationship was eliminated. These circumstances are tell-tale. Petition is dismissed. Anil/ ( Dharnidhar Jha,J )