IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.15816 of 2010 PARMESHWAR UPADHAYA @ SUSHIL KUMAR UPADHAYA Son of Late Raghu Nandan Upadhaya, resident of village Awari, P.S. Marhaura, Dist. Saran at Chapra…………………..petitioner Versus STATE OF BIHAR O.P. ----------- 3 30.6.2010 Heard Mr. S.B.K. Mangalam, learned counsel for the petitioner at length as also learned A.P.P. for the State. The petitioner seeks anticipatory bail in a case registered for offences under section 302, 201/120 B of the Indian Penal Code. The petitioner is specifically named in the FIR vide Annexure-2 as an accused with certain specific allegation. The petitioner had earlier moved before this Court for grant of anticipatory bail but that was dismissed as withdrawn by an order dated 16.10.2008 passed in Cr. Misc. No. 29720 of 2008 vide Annexure-1. This is second attempt by the petitioner for grant of anticipatory bail. Learned counsel for the petitioner has submitted that dead body of the victim has not been traced out till date and according to him probably the victim is still alive. Be that as it may, in the facts and circumstances of the case, the prayer for anticipatory bail made on behalf of the petitioner is rejected once again. The petitioner must surrender in the court below within a period of four weeks from today in - 2 - connection with Hajipur Town P.S. Case No. 319 of 2007 pending in the court of C.J.M, Vaishali at Hajipr and seek regular bail , if so advised, which shall be considered and disposed of on its own merit without being prejudiced by the present order. It will be open to the petitioner to raise all the pleas and place all the relevant documents which are available on the record. ( Birendra Prasad Verma, J. ) M.Rahman