AHSANUDDIN AMANULLAH
Nikita Kumari – Appellant
Versus
State of Bihar – Respondent
Ahsanuddin Amanullah, J.—The matter has been heard via video conferencing.
2. Heard Mr. Bimlesh Kumar Pandey, learned counsel for the petitioner no. 1, the sole petitioner after withdrawal of the petition on behalf of the petitioners no. 2 to 4; Mr. Jagdhar Prasad, learned Additional Public Prosecutor (hereinafter referred to as the ‘APP’) for the State and Mr. Yogesh Chandra Verma, learned senior counsel along with Mr. Anand Kumar Mishra, learned counsel for the informant.
3. The petitioner no. 1 apprehends arrest in connection with Bettiah Muffasil (Banuchhapar) PS Case No. 561 of 2019 dated 05.10.2019, instituted under Sections 406, 420, 380 and 120B/ 34 of the Indian Penal Code.
4. The allegation against the petitioner, who is the wife of the informant is of concealing the fact of being already married and also taking huge amount of the informant which was not returned and thereafter that her brothers had abused and assaulted the informant and finally that the petitioner no. 1 and her other relatives had taken away jewellery worth Rs. 50 lakhs, Rs. 1 lakh cash and the son of the informant who is born to the petitioner no. 1, with them.
5. Learned counsel for the petitioner no. 1 su
The court ruled on anticipatory bail, emphasizing the petitioner’s innocence and non-cooperation implications.
The main legal point established is that in cases where only an offense under Section 498-A IPC is present, custodial interrogation may not be required, and the court may grant anticipatory bail base....
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