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Patna High CourtCR. MISC./54773/2016dismissed

Tuntun Sah v. The State Of Bihar

2017-02-08Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.54773 of 2016 Arising Out of PS.Case No. -8 Year- 2014 Thana -UDAKISHANGANJ District- MADHEPURA ======================================================

1. Tuntun Sah, Son of Late Kamleshwari Sah, Resident of Village- Uda Kishunganj, P.S. Uda Kishunganj, District- Madhepura. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Dr. Sanjay Kumar Singh For the Opposite Party/s : Mr. Sanjay Kumar Tiwary ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 08-02-2017 Heard the parties.

This application is for grant of bail in connection with Uda Kishunganj P.S.Case No.8/2014 for the offence under Sections 147, 149, 341, 323, 328 and 302 of the Indian Penal Code. It has been stated in the F.I.R. that the deceased has herself stated that she was assaulted by the petitioner and other accused persons. Later on, it has been alleged that she had been administered some substance due to which she died. It is further submitted that the petitioner is in custody since 04.10.2016. Heard learned A.P.P. also, who has opposed the prayer for bail.

Having heard both sides. In view of the fact that the deceased has herself stated that she had been assaulted by the

Patna High Court Cr.Misc. No.54773 of 2016 (4) dt.08-02-2017 2/2 petitioner and other accused persons, I am not inclined to grant bail to the petitioner at this stage, however, the learned trial court is directed to expedite the trial. If the trial is not concluded within a period of nine months, the petitioner is at liberty to move for bail.

With the aforesaid observation, this application is dismissed.

(Vinod Kumar Sinha, J) chn/- U