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AHSANUDDIN AMANULLAH
Kunal Kumar Suman @ Kunal Suman – Appellant
Versus
State Of Bihar – Respondent
JUDGMENT
Ahsanuddin Amanullah, J. - The matter has been heard via video conferencing.
2. Heard Mr. Sadanand Paswan, learned counsel for the petitioner; Mr. Kumar Ranjit Ranjan, learned Additional Public Prosecutor (hereinafter referred to as the 'APP') for the State and Ms. Akanksha Malviya, learned counsel for the informant-opposite party no. 2.
3. The petitioner apprehends arrest in connection with Bariarpur PS Case No. 41 of 2020 dated 14.05.2020, instituted under Sections 498A and 379/34 of the Indian Penal Code.
4. The allegation against the petitioner and his relatives/family members, in the case filed by the petitioner's wife-opposite party no. 2, is of torture and also taking away of her cash and jewellery and turning her out of the matrimonial home and also of threat to get the petitioner married somewhere else.
5. Learned counsel for the petitioner submitted that the opposite party no. 2 was a widow and had a son from the first marriage and they developed relationship at Mumbai living in the same neighbourhood. It was submitted that the opposite party no. 2, had filed a complaint at Mumbai also but the same was compromised and they married under the Special Marriages Act, but
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.
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 emphasized the importance of fulfilling commitments in matrimonial disputes and considered the conduct of the petitioner in reaching its decision.
Compliance with court orders and the expressed desire of the opposite party in a matrimonial dispute.
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 emphasized the importance of substantiated claims and evidence in cases involving dowry harassment and misuse of medication, and relied on expert reports to assess the mental condition of t....
The petitioner is entitled to anticipatory bail due to lack of specific allegations and no prior criminal record.
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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