Anjani Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.62842 of 2021 Arising Out of PS. Case No.-723 Year-2019 Thana- MASAUDHI District- Patna ====================================================== ANJANI KUMAR Son of Ramashish Sao @ Rama Shish Saw Resident of - Karariya Police Station and post office - Masaurahi, District - Patna. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Manoj Kumar Singh, Advocate For the Opposite Party/s :

Mr.Atul Chandra ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 24-11-2021 The present petition is by way of second attempt at the behest of the petitioner for grant of regular bail in connection with Masaurahi P.S. Case No. 723 of 2019 Special (POCSO) Case No. 194 of 2019 for the offence punishable under Sections 302 and 376(D) of the Indian Penal Code and Sections 3, 4, 6 and 12 of the POCSO Act inasmuch as the earlier prayer of the petitioner for grant of bail was rejected by this Court by an order dated 03.06.2020 passed in Criminal Misc. No. 7020 of 2020. The case of the prosecution in brief is that on 09.10.2019, the informant's cousin brother, namely, Ritesh Kumar had made a phone call to the informant that her daughter aged about 14 years has been killed by unknown person, after being raped. It has been further stated by the informant that she had gone to her parental house on 05.10.2019 at village Gonba, P.S. Naubatpur leaving behind her daughter alone in the house and after getting the aforesaid

Patna High Court CR. MISC. No.62842 of 2021(2) dt.24-11-2021 2/2 information, she rushed back to her house and saw that the dead body of her daughter was lying in a half naked condition and her head had been brutally mutilated by brick and her dead body was lying in a pool of blood.

The learned counsel for the petitioner has submitted that the petitioner is languishing in custody since 09.10.2019, however, despite framing of charges not even a single witness has been examined.

Per contra, the learned A.P.P. for the State has vehemently opposed the prayer for bail.

I have heard the learned counsel for the parties and perused the materials on record from which this Court finds that a detailed order has been passed by this Court on the earlier occasion while rejecting the prayer of petitioner for grant of bail vide order dated 03.06.2020 passed in Criminal Misc. No. 7020 of 2020 and moreover the petitioner is alleged to have committed a heinous crime apart from the fact that there is no change in circumstances so as to warrant reconsideration of the prayer of the petitioner for grant of bail, thus the present petition stands dismissed.

(Mohit Kumar Shah, J) S.Sb/- U T