IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.33793 of 2009 DHARMENDRA SINGH, S/O Sri Ramji Singh, resident of Village- Akharia, P.S. Fatuha, District- Patna.................................Petitioner. Versus THE STATE OF BIHAR...................................................Opposite Party. ----------- 3. 31.03.2010. Heard learned counsel for the petitioner and counsel appearing for the State. The petitioner apprehends his arrest in a case registered for the offence under Sections 302,201/34 of the Indian Penal Code. The allegation in the First Information Report is that the victim, Neelam Devi, got compassionate appointment after death of her husband and she wanted to marry someone else whereas her younger brother-in-law (Dewar), namely, Sanjay Singh, wanted marry to her and due to that it is suspected that Sanjay Singh in the company of 3-4 other persons committed the offence. The petitioner’s name transpired in confession of Sanjay Singh to the effect that the petitoner was one of his accomplishes. Learned counsel for the petitioner has submitted that except the confession of Sanjay Singh there is no material in the case diary against this petitioner. Learned A.P.P. has submitted that in 2 paragraph no.9 Sharda Devi and in paragraph no.19, Ragho Singh of the case diary have only suggested that the petitioner belongs to group of Sanjay Singh. Since the First Information Report has been registered in the year 2000 though the petitioner was not named but since now charge sheet has been submitted against the petitioner in January, 2009, I am not inclined to interfere in the matter. The anticipatory bail of the petitioner is rejected. If the petitioner files an application for regular bail, the learned court below will consider the regular bail application keeping in view that except confession of Sanjay Singh, there is nothing in the case diary and the learned court below will dispose of the regular bail application preferably on the same day. Let the order be faxed to the learned Chief Judicial Magistrate, Patna, in connection with Gardanibagh P.S. Case No. 98 of 2000 at the cost of the petitioner. U.K. (Dinesh Kumar Singh,J)