Fana Sharma @ Fanilal Sharma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.21008 of 2015 Arising Out of PS.Case No. -778 Year- 2014 Thana -SAHARSA District- SAHARSA ======================================================

1. Fana Sharma @ Fanilal Sharma S/o Late Laxmi Sharma Resident of Mohalla- Batraha , ward no. 26, P.s & District : Saharsa. .... .... Petitioner/s

Versus

1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Sameer Ranjan For the Opposite Party/s : Mr. Prem Kr.Jha(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 03-09-2015 Heard both sides.

The petitioner seeks bail in a case registered for the offences punishable under sections 302/34 of the Indian Penal Code.

While the informant was going to purchase Bhunja, her husband had gone to purchase flour. The informant saw the petitioner and others dragging her husband towards a lane. The informant rushed there and found her husband un-conscious. The informant saw the accused persons including the petitioners fleeing from the place of occurrence.

It is submitted that the petitioner has got no enmity with the accused. It has come during the course of investigation that the deceased was practising some witch craft

Patna High Court Cr.Misc. No.21008 of 2015 (3) dt.03-09-2015 and he had enmity with them but it appears that during the course of investigation the witnesses have stated that they saw the petitioner and others fleeing away from the place of occurrence while the deceased was lying in a pool of blood. Considering the facts aforesaid, I am not inclined to enlarge the petitioner on bail in connection with Saharsa Sadar P.S. Case No. 778 of 2014 pending in the court of the learned Chief Judicial Magistrate, Saharsa. His prayer for bail is, accordingly, rejected.

(Prabhat Kumar Jha, J) Amin/- U