IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.40991 of 2009 RAMCHANDRA SHARMA son of late Ramprit Sharma, resident of village Bandhu Chapara, P.S. Barhara, District Bhojpur… …Petitioner Versus THE STATE OF BIHAR …OPPOSITE PARTY For the Petitioner : Mr. Rajani Ranjan Pd.Singh, Advocate For the State : Mr. R.P.S. Singh, A.P.P. For the Informant : Mr. B.J. Ojha, Advocate ----------- 3 04.12.2009 Learned counsel for the informant files counter affidavit on behalf of the informant. Heard learned counsel for the petitioner, the State and the informant. The petitioner is an accused in a case registered under section 302/34 of the Indian Penal Code. It is submitted by learned counsel for the petitioner that the petitioner along with one accused Jitendra Sharma has been named in the first information report only on the basis of suspicion. There is no eye- witness to the occurrence and there is no other material collected during the course of investigation indicating the complicity of the petitioner with regard to the alleged occurrence. Only material is that the petitioner used to allege against the deceased Savitri Devi of practising witch-craft and also he used to threaten her. However, it is 2 stated that except suspicion there is no material against the petitioner. Learned counsel for the petitioner further submitted that co-accused Jitendra Sharma has been granted bail by this Court vide order dated 16.11.2009 passed in Criminal Miscellaneous No. 36321 of 2009, a certified copy of which has been produced before the Court for perusal. Let it be kept on the record. 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 the reason for this is that ten years back the son of the co- accused Jitendra Sharma had died and he had held the deceased responsible for his death on account of her practising witch-craft. Learned counsel for the informant submitted that a sanha dated 15.09.2008 was lodged by the informant against this petitioner prior to the occurrence of this case regarding threatening as well as the allegation of practising witch-craft by the deceased. Nine persons including the petitioner have been named in the Sanha. However, learned counsel for the petitioner submitted that the son of the co-accused Jitendra Sharma 3 had died ten years back and the allegation is that due to that fact, the petitioner along with co-accused Jitendra Sharma have held the witch-craft practised by the deceased Savitri Devi responsible for the death. Having regard to the facts and circumstances of the case, I direct the abovenamed petitioner, Ramchandra Sharma, to be released on bail on furnishing bail bond of Rs. 10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Bhojpur at Ara, in Barhara Police Station Case No. 134/09. SC ( Dr. Ravi Ranjan, J.)