IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.23089 of 2009 1. MD. GYASUDDIN 2. MD SHOHIM 3. SAHNAJ KHATOON 4. MD KAILAHIM 5. SAMSUL NISA --------------------- PETITIONERS Versus STATE OF BIHAR ----------- 5 9.2.2010 Learned counsel for the petitioners seeks permission to withdraw this application in respect of petitioner no.4 namely Md. Kailahim. Accordingly, this application is permitted to be withdrawn as against petitioner no.4. For petitioner no.2 and 3, it transpires from paragraph-7 of the bail petition that they are said to be juveniles, aged about 17 years and 15 years. As such, they are advised to get their age assessed by the court where the case is pending and seek bail from Juvenile Justice Board. So far petitioner nos. 1 and 5 are concerned, they along with other family members have been alleged for making demand of motorcycle in dowry causing torture for the same and lastly killing while their submission is that the deceased lady was residing with her husband in Assam and these petitioners are 2 residing to their village Madhopur, P. S. Tarayan, District Saran (Chapra). So their involvement in killing the deceased can never be made connected due to only missing of the deceased lady with no definite evidence regarding her killing. In the facts of the case, prayer for bail anticipatory bail is allowed. In the event of arrest or surrender within one month from the date of communication of this order, petitioner nos.1 and 5 namely, Md. Gyasuddin and Samsul Nisa shall be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Saran at Chapra in Tarayan P. S. Case No. 13 of 2009 arising out of Complaint Case No. 3398 of 2008, subject to the condition as laid down under section 438(2) Cr.P.C. AI ( Mandhata Singh, J.)