IN THE HIGH COURT OF JUDICATURE AT PATNA
Cr.Misc. No.13342 of 2008
KHALIK ANSARI
Versus
THE STATE OF BIHAR
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3. 7/7/2008 Heard the counsel for the petitioner and the counsel
appearing for the State.
The petitioner is an accused in a case under Sections
302, 376 and 34 of the Indian Penal Code.
The prosecution case is that the victim girl was taken
by one Kula Devi, thereafter, the informant suspected some foul
play and began to look for his daughter as she suspected that
Kula Devi may have got her in some trouble because she is a
woman of bad character. The dead body of the informant’s
daughter was recovered in the field of one Sattar Mian.
During investigation, the confessional statement of
Kula Devi has been recorded in which she stated that she was
having physical relationship with the petitioner whereas Sohrab
Alam was having relationship with the victim girl. It is also said
that this petitioner asked Kula Devi to make arrangement for
having a physical relationship with the victim girl on the fateful
night. It is also alleged that both of them i.e. Sohrab and
Khalique had sexual intercourse with the victim and Kula Devi
respectively and thereafter Kula Devi is said to have asked
other accused namely Md. Mukhtar and Butan to have sex with
Pinki and when she refused, Khalique cut her throat.
Learned counsel for the petitioner submits that except
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confessional statement of Kula Devi, there is no material
against the petitioner. However, since Kula Devi has made her
own lover as accused in this case, I am not impressed by the
said submission. It has further been submitted that the
petitioner has remained in custody since 14.2.2007.
Considering the allegations, the bail application of the
petitioner is rejected at this stage. The court below is directed to
expedite the trial.
S.Ali (Sheema Ali Khan, J.)