Kush Kumar Kamti @ Karia Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.63866 of 2023 Arising Out of PS. Case No.-18 Year-2022 Thana- BISHUNPUR CHOWK DistrictDarbhanga ====================================================== KUSH KUMAR KAMTI @ KARIA SAH son of Shri Munna Kamti VillageRampurdih, Ps- Bishanpur Dist- Darbhanga ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Prachi Pallavi For the Opposite Party/s :

Mr.Ram Sevak Choudhary ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 08-12-2023 Heard the learned counsel for the petitioner and the learned APP for the State.

2.

The present petition is by way of second attempt at the behest of the petitioner for grant of regular bail in connection with Bishanpur P.S.Case No. 18 of 2022 under Section 376 of the Indian Penal Code, inasmuch as the earlier prayer of the petitioner for grant of regular bail was rejected by this Court, by an order dated 31.1.2023, passed in Criminal Miscellaneous No. 46416 of 2022.

3.

The case of the prosecution, in brief, according to the victim is that when she had gone to attend the call of nature on 10.02.2022 in a field adjacent to her house, the petitioner had arrived there and had committed rape with her as also had

Patna High Court CR. MISC. No.63866 of 2023(2) dt.08-12-2023 2/3 inserted his hands in her private parts. The informant is stated to have been taken to a Primary Health Centre from where she was sent to Darbhanga Medical College & Hospital for treatment. 4.

The learned counsel for the petitioner has submitted that the petitioner is languishing in custody since 19.2.2022, hence, some sympathy be shown and the petitioner be granted the privilege of bail.

5.

Per contra, the learned APP for the State has vehemently opposed the prayer for bail and has submitted, by referring to the earlier order dated 31.1.2023 that this Court has succinctly examined the materials available in the case dairy as also the statement made by the victim girl under Section 164 Cr.P.C. before the learned Magistrate and the same prima facie show the complicity of the petitioner in the alleged heinous crime committed by him i.e. of having raped the victim girl, hence, no sympathy should be shown to the petitioner.

6.

Having regard to the facts and circumstances of the case, considering the submissions made by the learned counsel for the petitioner and taking into account the materials available on record, this Court finds that there is no change in circumstance so as to warrant reconsideration of the prayer of the petitioner for grant of bail, hence, I do not find any merit in the present

Patna High Court CR. MISC. No.63866 of 2023(2) dt.08-12-2023 3/3 petition, thus, the same stands dismissed.

(Mohit Kumar Shah, J) Ajay/- U T