Dharmendra Kumar @ Dhawendra Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.21813 of 2020 Arising Out of P.S. Case No.-92 Year-2019 Thana- Shyampur Bhatha District- Sheohar ====================================================== Dharmendra Kumar @ Dhawendra Kumar, aged about 30 years, Male, son of Hans Lal Rai, resident of village-Mahmmadpur Katsari, P.S.-Shyampur Bhatha, District- Sheohar.

... ... Petitioner

Versus

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

For the Petitioner :

Mr. Hans Lal Kumar, Advocate For the Opposite Party :

Mr. Ganesh Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 16-07-2020 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 Mr. Hans Lal Kumar, learned counsel for the petitioner and Mr. Ganesh Prasad Singh, learned Additional Public Prosecutor for the State.

The petitioner seeks pre-arrest bail in connection with Shyampur Bhatha P.S. Case No.92 of 2019 registered under Sections 120-B, 304-B and 201 of the Indian Penal Code. Considering the gravity of the offence and the allegation that the petitioner killed his wife in her matrimonial home for non-fulfillment of demand of dowry and disposed of her body hurriedly, I am not inclined to grant him pre-arrest bail. The application is rejected.

Since, there is a State wide lockdown, the Court has considered it 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 Secretary. (ii) The corrected copy of the order shall be transmitted by me from my email id to the Secretary, which shall be treated to be an authentic copy of the order passed by this Court in the present proceeding.

(iii) Hard copy of the order duly signed by me shall be

3/3 preserved in my residential office for documentation and future use, if any.

(iv) Let a copy of the order be sent to Mr. Hans Lal Kumar, learned counsel for the petitioner also on his email.

(v) Let steps be taken by the Secretary for up-loading of the present order without compromising with the norms of social distancing.

(Ashwani Kumar Singh, J) kanchan/- U T