Pawan Kumar Maskara v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.21810 of 2020 Arising Out of P.S. Case No.-805 Year-2019 Thana- Motihari Town District-Motihari ======================================================

1. Pawan Kumar Maskara, aged about 63 years, Male, son of late Rameshwar Lal Maskara.

2. Veena Devi @ Beena Devi, aged about 58 years, Female, W/o Pawan Kumar Maskara.

Both are resident of village- Handi Bazar, Raxual, P.S.-Raxaul, DistrictEast Champaran. ... ... Petitioners

Versus

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

For the Petitioners :

Mr. Karandeep Kumar, Advocate Mr. Mahindra Pratap, Advocate For the Opposite Party :

Mr. Zainul Abedi, 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

2/3 considered, for the present, to ignore the deficiency in filing of the application.

Heard Mr. Karandeep Kumar, learned counsel for the petitioners and Mr. Zainul Abedi, learned Additional Public Prosecutor for the State.

The petitioners seek pre-arrest bail in connection with Motihari Town P. S. Case No. 805 of 2019 registered under Sections 420, 406 read with 34 of the Indian Penal Code. Considering that allegations made in the first information report are predominantly of civil nature, the petitioners, who are said to have no criminal antecedent except one another complaint, which has been instituted by the mother of the informant, are directed to be released on bail, in the event of their 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 Chief Judicial Magistrate, East Champaran at Motihari in connection with Motihari Town P. S. Case No. 805 of 2019, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

Since, there is a State wide lockdown, the Court has considered it appropriate to adopt the following procedure for

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

(iv) Let a copy of the order be sent to Mr. Karandeep Kumar, learned counsel for the petitioners 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) U T kanchan/-