Bachcha Pandey v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.21680 of 2020 Arising Out of PS. Case No.-8 Year-1999 Thana- RAJAPAKAR District- Vaishali ====================================================== BACHCHA PANDEY Son of Shri Kamal Pandey Resident of Village - Harpur Mukund, P.O. Bakhari Supain, P.S.- Raja Pakar, District - Vaishali ... ... Petitioner

Versus

THE STATE OF BIHAR ... ... Opposite Party ====================================================== Appearance :

For the Petitioner/s :

Mr.Jai Vardhan Narayan, Advocate For the Opposite Party/s :

Mr. Sanjay Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 06-07-2020 As of now the Courts have not resumed normal physical hearing, the matter has been listed today for consideration through Video Conferencing.

The learned counsels are appearing and making submissions from their residence. The Court Master and Secretary are also part of this virtual court proceedings from their homes, all with the aid of audio visual technology.

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

Petitioner seeks bail in Raja Pakar PS Case No. 8 of 1999 registered under Sections 304(B)/34 and 201/34 of the IPC. The FIR alleges offences under Section 304(B) of the IPC. The petitioner is husband of the deceased.

Learned Counsel for the petitioner submits that pursuant to compromise in Divorce Suit No. 18 of 1997 the petitioner was keeping his wife with full respect and therefore allegation of demand of dowry is false and baseless. He is an employee of the Central Government in the BSNL. It is further submitted that the petitioner is in custody now since 7.6.2020. Learned Counsel further submits that

Patna High Court CR. MISC. No.21680 of 2020(2) dt.06-07-2020 2/2 no external ante mortem injury has been found on the victim. Referring to the order of rejection by the court below, learned APP has pointed out that on examination of viscera, highly poisonous substance (Thymate) was found.

The FIR is of 1999. The facts are glaring that the petitioner has evaded arrest till June 2020.

Considering the rival submissions, this Court for the present is not inclined to allow the petitioner's prayer for bail. The prayer for bail is rejected.

(Madhuresh Prasad, J) SNkumar/- U T