Narendra Kumar Rohita v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.22287 of 2020 Arising Out of PS. Case No.-580 Year-2019 Thana- PATLIPUTRA District- Patna ====================================================== Narendra Kumar Rohita, son of Nevilal Rohita Resident of Village - Birpur Ward No.11, Near Hawai Adda, P.S.- Birpur, Distt.- Supaul. At Present resident of Mohalla - Gokul Path, House No. 8, Indrapuri, P.S. - Patliputra. District - Patna.

... ... Petitioner

Versus

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

For the Petitioner :

Mr. Pramod Mishra, Advocate For the Opposite Party :

Mr. Pushpa Sinha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 26-08-2020 Filing through email of the present application has been accepted in view of the out-break of COVID-19 Pandemic and has been posted before me for hearing through video conferencing.

The application is apparently not in accordance with the provisions prescribed under the Patna High Court Rules, which do not contemplate filing of application through email. In spite of that, considering the extra-ordinary situation, filing of the present application has been allowed through email. Considering the situation prevailing, the Court has considered, for the present, to ignore the deficiency in filing of the application.

2/3 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner has filed the present application under Sections 439 and 440 of the Code of Criminal Procedure for grant of bail in connection with Patliputra P.S. Case No.580 of 2019 registered under Sections 354-A of the Indian Penal Code and 6 of the Protection of Children from Sexual Offences Act. Considering the gravity of the offence and the allegation made against the petitioner that he committed sexual assault upon a minor aged five years, I am not inclined to grant him bail. The prayer for bail is rejected.

Since the court proceedings are being conducted through virtual mode and normal court functioning has not been restored till date, it is considered appropriate to adopt the following procedure for communication of the present order:- (i) The order, which has been dictated during the course of proceeding of the virtual court, shall be communicated to me on my email by the Senior Secretary.

(ii) The corrected copy of the order shall be transmitted by me from my email id to the Senior Secretary, which shall be treated to be an authentic copy of the

3/3 order passed by this Court in the present proceeding. (iii) Hard copy of the order duly signed by me shall be preserved in my residential office for documentation and future use, if any.

(iv) Let a copy of the order be sent to Mr. Pramod Mishra, learned counsel for the petitioner also on his email. (v) Let steps be taken by the Senior Secretary/registry for up-loading of the present order without compromising with the norms of social distancing. Kanchan/- (Ashwani Kumar Singh, J.) U T