IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.36321 of 2009 JITENDRA SHARMA, Son of Bindeshwari Sharma, R/o Bandhu Chapra, P.S. Barhara, District Bhojpur …… Petitioner Versus STATE OF BIHAR ….. Opp. Party For the petitioner : M/s S.S.Sinha ‘Shyam’, Rajani Ranjan, Advocates For the State : Mr. Ram Priya Sharan Singh, A.P.P. ---- 3 16.11.2009 Heard learned counsel for the petitioner and the State. The petitioner is an accused in a case registered under Sections 302/34 of the Indian Penal Code and 27 of the Arms Act. It is submitted that petitioner has been named in the first information report only on the basis of suspicion. It has been stated that petitioner used to allege that the deceased Savitri Devi use to practice witchcraft and also threatened her. However, except the suspicion no material has come up during the course of investigation and there is no direct or indirect evidence against the petitioner. Learned counsel for the State submitted that in the case diary several witnesses have stated that the petitioner used to call the deceased as ‘Daain’ and reason for this - 2 - was that ten years back the petitioner’s son had died and he held the witchcraft practiced by the deceased responsible for that. In the facts and the circumstances of the case, the petitioner, JITENDRA SHARMA, is directed to be released on bail on his furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Bhojpur at Ara, in connection with Barhara P.S. Case No.134 of 2009. Spd/- (Dr. Ravi Ranjan, J.) -----------