IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.12343 of 2010 KAEIL RAI @ KAIL RAI S/o Suraj Rai resident of Village Shyam Bakhari PS Dhaka Dist. East Champaran, Motihari Versus THE STATE OF BIHAR with Cr.Misc. No.12358 of 2010 RATU RAI @ JITENDRA RAI @ RITU RAI S/o Suraj Rai resident of Village Shyam Bakhari PS Dhaka Dist. East Champaran, Motihari Versus STATE OF BIHAR ----------- 03/ 25.06.2010 Heard learned counsel for the petitioners and the State. Petitioners being the husband and younger brother of the husband of the deceased (Dewar) are languishing in jail since l7.12.2009 in a case registered under sections 304B, 201/34 of the Indian Penal Code. It is admitted fact that death has occurred within seven years but with regard to cause of death during investigation the evidence has also come that due to gastroenteritis victim was being treated which caused death of the victim. Moreover the informant has retracted from the statement in the FIR by filing a petition as contained in annexure 4 to the effect that FIR was lodged under certain misconception and the victim died due to gastroenteritis with high fever. Learned counsel for the State after going through the case diary submits that both versions have been recorded by the Investigating Officer during investigation. Without expressing any opinion on the merit of the case, let the petitioners be released on bail in connection with Dhaka P.S. Case no. 63 of 2009 on furnishing bail bond of Rs 10,000-/ with two sureties of the like amount each to the satisfaction of the Sub divisional Judicial Magistrate, Sikrahana East Champaran, Motihari. shahid (Dinesh Kumar Singh,J)