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AHSANUDDIN AMANULLAH
Abhay Kumar – Appellant
Versus
State Of Bihar – Respondent
JUDGMENT
Ahsanuddin Amanullah, J. - The matter has been heard via video conferencing.
2. Heard Mr. Satya Ranjan Sinha, learned counsel for the petitioner; Ms. Gulnar Begum, learned Additional Public Prosecutor (hereinafter referred to as the 'APP') for the State and Mr. Hansraj, learned counsel for the informant.
3. The petitioner apprehends arrest in connection with Rahui PS Case No. 331 of 2019 dated 27.08.2019, instituted under Sections 498A, 323, 324, 325 and 307/34 of the Indian Penal Code.
4. The petitioner, who is the husband of the informant, along with his other family members is accused of assault, torture and demand of dowry of Rs. 5 lakhs and further of driving her out of the matrimonial home.
5. Learned counsel for the petitioner submitted that it is the informant who is not wanting to live with the petitioner as she keeps going to her parents' house. It was submitted that in the FIR, it has been stated that Rs. 18 lakhs was spent on the marriage, which is false for the reason that the petitioner is in job in a private firm and, thus, there was no occasion for the family of the informant spending so much money on him in the marriage. Learned counsel submitted that prior to
The court emphasized the importance of fulfilling commitments in matrimonial disputes and considered the conduct of the petitioner in reaching its decision.
The court's decision was influenced by the finding that the allegations made in the FIR were not untrue or unbelievable based on the conduct of the petitioner.
The court considered the conduct of the petitioner in light of the allegations and found it lacking bona fides, influencing the decision to dismiss the petition for pre-arrest bail.
The Court's decision was influenced by the substance found in the allegations and the petitioner's conduct, leading to the dismissal of the petition for pre-arrest bail.
Delay in lodging a complaint and inconsistencies in evidence can raise doubts about the veracity of allegations.
The court emphasized anticipatory bail conditional on financial support for the informant, highlighting the obligation of maintenance.
The court's decision on pre-arrest bail was based on the assessment of the facts and circumstances of the case, as well as the submissions of the parties regarding the nature of the relationship betw....
The legality and feasibility of a petitioner's offer to keep both wives with him, in the context of bigamy and cessation of maintenance, influenced the court's decision to dismiss the petition for pr....
Granting of anticipatory bail based on consideration of facts and circumstances, and subject to specific conditions as per Section 438(2) of the Code of Criminal Procedure.
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