IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.42133 of 2009 1. SAIYAD @ SAIYAZ KHAN @ SAIYAD KHAN 2. AYAZ KHAN @ AYAZ Versus STATE OF BIHAR ----------- 02/ 11-12-2009 Heard learned counsel appearing on behalf of the petitioners, namely, Saiyad @ Saiyaz Khan @ Saiyad Khan and Ayaz Khan @ Ayaz and learned counsel appearing for the State. The petitioners herein are accused in Palasi P.S. Case No. 145 of 2006 for offences punishable under Sections 328, 302/34 of the Indian Penal Code. Substance of allegation as set out in the F.I.R. instituted by brother of the victim girl is that these petitioners along with other family members poisoned his sister and ultimately she died of poison. Learned counsel appearing on behalf of the petitioners submits that these petitioners are younger brothers of the husband of the deceased girl and that there is no motive for these petitioners to have committed the said occurrence. It is also submitted that there is no whisper in the F.I.R. as to whether the victim girl was being harassed on account of dowry or any ground. It is further submitted that the victim girl had been taken to the hospital and that she expired during the course of treatment. It is thus submitted that these petitioners are in custody for no apparent reason. He further submits that the husband of the deceased has surrendered and since then he is in custody. Having regard to the circumstances set forth, let petitioners, - 2 - namely, Saiyad @ Saiyaz Khan @ Saiyad Khan and Ayaz Khan @ Ayaz be released on bail upon each one of them individually furnishing bail bond of Rs. 10,000/- (rupees ten thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Araria in connection with Palasi P.S. Case No. 145 of 2006. S.Sb/- (Jyoti Saran, J.)