IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.41609 of 2009 PANKAJ YADAV, SON OF LATE LUKHAR YADAV, RESIDENT OF VILLAGE BALUTOLA (TINTOLA), P.S. SARAI, DISTRICT PURNEA. ----- PETITIONER Versus THE STATE OF BIHAR ----- OPPOSITE PARTY ----------- 2 11.3.2010 Heard learned counsel for the petitioner and the counsel appearing on behalf of the State. Petitioner apprehends his arrest in a case under Sections 302 and 328/34 of the Indian Penal Code. Petitioner is the husband of Renu Devi. Initially a case was instituted in the year 2007 alleging that Renu Devi had been murdered by her husband. Counsel for the petitioner submits that mother of the petitioner faced trial and informant of this case was examined and she has resiled from her statement in the First Information Report inasmuch as she states that her daughter took medicine which kills rats and committed suicide for whatever reasons which remains undisclosed. Because of the absence of the petitioner the trial had to be separated. I do not think that the petitioner deserves anticipatory bail in view of the fact that he has not surrendered although almost three years have passed since the occurrence took place. The anticipatory bail application is dismissed. In the circumstances, the petitioner may surrender and place the evidence of the mother before the Court to consider these facts and pass appropriate orders. Sanjay (Sheema Ali Khan, J.)