Ramesh Kumar @ Dablu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.22275 of 2020 Arising Out of PS. Case No.-471 Year-2018 Thana- DHANARUA District- Patna ====================================================== Ramesh Kumar @ Dablu Kumar Son of Ashok Rai Resident of Village - Mai Maner, P.S.- Dhanarua, Distt.- Patna.

... ... Petitioner

Versus

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

For the Petitioner/s :

Ms. Rina Sinha, Adv.

For the Opposite Party/s :

Mr. Pramod Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 07-10-2020 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. Inspite 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.

Heard learned counsel for the petitioner and learned counsel for the State.

The Petitioner seeks bail in connection with

2/3 Dhanarua P.S. Case No. 471 of 2018 registered for the offences punishable under Section 304B/34 of the Indian Penal Code. Considering the statement of witnesses Yogendra Prasad and Hardan Prasad in paragraphs 14 and 15 of the case diary wherein they have not alleged anything against the petitioner and the fact that viscera examination report has not yet been obtained by the prosecution, the petitioner, who is in custody since 28.01.2020, is directed to be released on bail, on furnishing bail bond of Rs.10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned J.M. 1st Class, Masaurhi, Patna in connection with Dhanarua P.S. Case No. 471 of 2018.

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 Sr.

Secretary.

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

3/3 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 Ms. Rina Sinha, learned counsel for the petitioner also on her email. (v) Let steps be taken by the Sr. Secretary/registry for up- loading of the present order without compromising with the norms of social distancing.

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