Durgesh Kumar Shukla @ Durgesh Sukla @ Dhanji Sukla v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.25116 of 2020 Arising Out of COMPLAINT CASE No.-1477 Year-2019 District- Bhojpur ====================================================== Durgesh Kumar Shukla @ Durgesh Sukla @ Dhanji Sukla S/o Vikramaditya Shukla, resident of Village-Shuklapura, P.S.-Ara Muffasil, District-Bhojpur. ... ... Petitioner
Versus
The State Of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioner :
Mr. Ravindra Kumar, Advocate For the State :
Mr. Ram Naresh Roy, APP For the complainant :
Mr. Gopal Govind Mishra, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 06-11-2020 Heard learned counsel for the petitioner, learned Additional Public Prosecutor for the State and learned counsel for the complainant via video conferencing.
The petitioner seeks pre-arrest bail in connection with Complaint Case No.1477(C) of 2019 in which cognizance has been taken under Sections 498-A/323/341 of the Indian Penal Code and Sections 3 and 4 of the Dowry Prohibition Act. Considering that the complaint case was filed on 11.09.2019 by the complainant against the petitioner whereas the petitioner had filed Matrimonial Case No.87 of 2019 on 29.06.2019 in the Family Court, Bhojpur, Ara for restitution of conjugal rights in which notices through registered post had been issued to the complainant on 02.09.2019, the petitioner is
2/3 directed to be released on bail, in the event of his arrest or surrender, 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 Judicial Magistrate, Bhojpur at Ara in connection with Complaint Case No.1477(C) of 2019, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.
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 e-mail by the Sr. Secretary.
(ii) The corrected copy of the order shall be transmitted by me from my e-mail id to the Sr. 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 preserved in my residential office for
3/3 documentation and future use, if any.
(iv) Let steps be taken by the Sr. Secretary/registry for up-loading of the present order without compromising with the norms of social distancing.
kanchan/- (Ashwani Kumar Singh, J) U T