Md. Kaleem v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.22273 of 2020 Arising Out of PS. Case No.-163 Year-2019 Thana- SHANKARPUR District- Madhepura ====================================================== Md. Kaleem Son of Late Md. Yusuf Resident of Village - Nishiharpur, P.S.- Shankarpur, District - Madhepura.

... ... Petitioner

Versus

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

For the Petitioner/s :

Mr. Praveen Kumar Agrawal, Adv.

For the Opposite Party/s :

Mr. Pawan Kumar Chaurasiya, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 04-11-2020 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

2/3 learned counsel for the State.

The Petitioner seeks bail in connection with Shankarpur P.S. Case No. 163 of 2019 registered for the offences punishable under Sections 364, 363/34 of the Indian Penal Code.

Considering the gravity of the offence and the incriminating materials collected during investigation by the investigating officer of the case as adumbrated in the order dated 20.05.2020 passed by the learned Additional Sessions Judge-III, Madhepura in B.P. No. 272 of 2020, I am not inclined to grant bail to the petitioner. 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 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

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 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