AHSANUDDIN AMANULLAH
Rahul Kumar – Appellant
Versus
State Of Bihar – Respondent
JUDGMENT
Ahsanuddin Amanullah, J. - The matter has been heard via video conferencing.
2. Heard Mr. Navjot Yeshu, learned counsel for the petitioner and Mr. Uma Shankar Prasad Singh, learned Additional Public Prosecutor (hereinafter referred to as the 'APP') for the State.
3. The petitioner apprehends arrest in connection with Puraini PS Case No. 126 of 2020 dated 03.08.2020, instituted under Sections 448, 376, 511, 506 of the Indian Penal Code.
4. The allegation against the petitioner is that he had tried to commit rape of the informant in her house at 2'O clock in the night and on cry raised, the other family members had come and he was detained in the house and when the police came, the room was opened. It was further alleged that the petitioner used to put pressure on the informant, as her husband used to work outside, to establish physical relationship with threat that he would kill her son.
5. Learned counsel for the petitioner submitted that the allegation is false and that the petitioner had gone to the house of the informant to ask for return of the money which was taken by her family earlier from him. It was submitted that the police had come to the house of the informant and i
The court emphasized the importance of fulfilling commitments in matrimonial disputes and considered the conduct of the petitioner in reaching its decision.
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'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.
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 court may grant pre-arrest bail based on evidence indicating that the petitioner may not be involved in any wrongdoing.
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 main legal point established is the court's discretion to grant bail based on serious doubts regarding the allegations made in the FIR, despite the serious nature of the criminal offenses alleged....
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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