IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.43311 of 2009 1.SULTAN son of Hazi Alimuddin r/o village Kochbhitha P.S. Thakurganj, Dist. Kishanganj….Petitioner. Versus THE STATE OF BIHAR ----------- 3 16.03.2010 Heard learned counsel for the petitioner and the State. Petitioner apprehends his arrest in Thakurganj P.S. case No. 196 of 2008, instituted under sections 302/201/34 of the Indian Penal Code. It is submitted by the learned counsel for the petitioner that petitioner is step son of the informant Jubaida Khatoon and he has been falsely implicated in the present case due to certain dispute between the parties. It has also been submitted that even during the course of investigation no body has come forward to claim to be an eye witness of the occurrence and the entire prosecution allegation against the petitioner is based on suspicion and surmises. Be that as it may, in the facts and circumstances of the case, this court is not persuaded to accede to the prayer of the petitioner for grant of anticipatory bail. It is accordingly rejected. However, if the petitioner surrenders in the court below within four weeks from today and seeks regular bail then the court below will be obliged to consider the submissions made on behalf of the - 2 - petitioner which have been recorded above and other materials which are available on record and dispose of the same on its on merit without being prejudiced by this order. Let the order be communicated through fax at the cost of the petitioner. (Birendra Prasad Verma, J) M.Rahman