IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.39766 of 2010 Sikander Rai, Son of Late Udit Rai of Village- Sundarpur, P.S. Kesariya, District-East Champaran ------------ Petitioner Versus THE STATE OF BIHAR ----------- 02 14-12-2010 Heard Sri Ansul, learned counsel for the petitioner and Smt. Indu Bala Pandey, learned Addl. Public Prosecutor for the State. The petitioner, who is in custody in connection with Kesariya P.S. Case No.116 of 2009 for the offences under Sections 302/201 of the Indian Penal Code, has prayed for grant of bail. The petitioner is younger brother of the husband of the deceased sister of the informant. Learned counsel for the petitioner submits that in the F.I.R. only suspicion was raised against the petitioner .Save and except suspicion, nothing has been brought on record during the investigation to connect the petitioner with the case. It was further submitted that the wife of his elder brother died due to diarrhoea. However, without any basis, the petitioner has been made accused in the present case. Smt. Indu Bala Pandey,learned Addl. Public Prosecutor for the State has opposed the prayer for bail of the petitioner. However, she is not in a position to dispute that in the F.I.R., there was no specific allegation against the petitioner. In view of the facts and circumstances of the case, let the petitioner above named be released on bail on furnishing bail bond of Rs.10,000/-( Ten thousand) with two sureties of the like amount 2 each to the satisfaction of learned Judicial Magistrate, 1st Class, Motihari in connection with Kesariya P.S. Case No.116 of 2009. NKS/- ( Rakesh Kumar, J.)