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Patna High CourtCR. MISC./54734/2016dismissed

Vivek Kumar Kushwaha @ Vivek Kushwaha @ Hanuman Kumar v. The State Of Bihar

2017-02-10Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.54734 of 2016 Arising Out of PS.Case No. -114 Year- 2016 Thana -GHORASAHAN DistrictEASTCHAMPARAN(MOTIHARI) ====================================================== VIVEK KUMAR KUSHWAHA @ VIVEK KUSHWAHA @ HANUMAN KUMAR S/O Late Baliram Prasad @ Bali Prasad, Resident of VillageBagaha, Police Station -Ghorasahan, District- East Champaran .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Uma Shankar Sharma For the Opposite Party/s : Mr. Sri Gauri Shankar Gupta ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 10-02-2017 Heard the parties.

This is an application for the offence under Sections 363, 364, 302 and 120(B) of the Indian Penal Code in connection with Ghorasahan P.S.Case No.114 of 2016.

It is submitted on behalf of the petitioner that except the suspicion, there is nothing against this petitioner and he is in custody since 20.06.2016.

Heard learned A.P.P. and the learned counsel for the informant. They have opposed the prayer for bail, stating that the deceased was taken by the petitioner and thereafter her dead-body was recovered from the Orchard of the petitioner, as such there is sufficient circumstances against the petitioner and it is not only a case of only suspicion.

Having heard both sides. In view of the fact that there is

Patna High Court Cr.Misc. No.54734 of 2016 (3) dt.10-02-2017 2/2 sufficient circumstances against the petitioner, as stated above, I am not inclined to grant bail to the petitioner, however, considering the fact that the petitioner is in custody for about eight months, the learned trial court is directed to expedite the trial of the case.

With the aforesaid observation, this application is dismissed (Vinod Kumar Sinha, J) chn/- U