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AHSANUDDIN AMANULLAH
Akhilesh Singh @ Akhilesh Kumar – Appellant
Versus
State Of Bihar – Respondent
JUDGMENT
Ahsanuddin Amanullah, J. - The matter has been heard via video conferencing.
2. The case has been taken up out of turn on the basis of motion slip filed by learned counsel for the petitioner on 29.07.2021, which was allowed.
3. Heard Mr. N K Agrawal, learned senior counsel along with Mr. Uday Kumar, learned counsel for the petitioner; Mr. Rajendra Nath Jha, learned Additional Public Prosecutor (hereinafter referred to as the 'APP') for the State and Ms. Mukul Kumari, learned counsel for the informant.
4. The petitioner apprehends arrest in connection with Aurangabad Mahila PS Case No. 15 of 2020 dated 16.07.2020, instituted under Sections 420, 376 and 506 of the Indian Penal Code.
5. The allegation against the petitioner is that the informant was earlier married to Munna Singh, who died in the year 2016, leaving behind two children aged 6 and 4 years and then she came in contact through Facebook with the petitioner and both are said to have fallen in love. Further, it has been stated that the petitioner, who is a constable in the Border Security Force, called her to Mughalsarai on 24.10.2019 and there she lived and also had physical relationship. The informant has stated that t
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....
Delay in lodging a complaint and inconsistencies in evidence can raise doubts about the veracity of allegations.
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.
The court emphasized the importance of fulfilling commitments in matrimonial disputes and considered the conduct of the petitioner in reaching its decision.
The main legal point established in the judgment is that the court may grant pre-arrest bail based on the finding that the petitioner was not directly involved in the alleged criminal activity and th....
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....
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 may take a sympathetic view in bail matters based on the victim's statement and the petitioner's commitment to care for the victim and her children.
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