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NAWNEET KUMAR PANDEY
Arjun Kumar – Appellant
Versus
State of Bihar – Respondent
ORDER
The learned counsel for the petitioner is directed to remove all the defects pointed out by the office within one month.
2. I have already heard the learned counsel for the petitioner as well as the learned counsel for the informant and also the learned counsel for the State.
3. The petitioner apprehends his arrest in connection with Muzaffarpur Mahila P.S. Case No. 61 of 2020, registered for offence punishable under sections 341, 493, 376, 323, 506/34 of the Indian Penal Code.
4. The prosecutrix has made allegation that the present petitioner exploited her sexually for ten years after giving promise to marry with her. She became pregnant and gave birth to a male child. At the time of lodging of the FIR, the male child was aged about five years. The prosecutrix came to know that the petitioner has solemnized his marriage stealthily with another girl. When she inquired, the petitioner assaulted and throttled her and also threatened her to face dire consequence, had she complained the occurrence to anyone. The petitioner remained absconding during investigation and charge-sheet was submitted showing him absconder.
5. The learned counsel for the informant has submitted that the petit
A person declared as an absconder under the Code of Criminal Procedure is not entitled to the privilege of anticipatory bail.
If anyone is declared as an absconder/proclaimed offender in terms of Section 82 of Cr.P.C., he is not entitled to relief of anticipatory bail.
(1) Anticipatory bail – If anyone is declared as an absconder/proclaimed offender in terms of Section 82 Cr.P.C., he is not entitled to relief of anticipatory bail.(2) Anticipatory bail – When an app....
Constitution guarantees protection of life and personal liberty of a person and this guarantee is enshrined in Article 21 of Constitution of India.
applicant is not entitled for anticipatory bail on the ground that applicant was not only declared proclaimed offender under Section 82 Cr.P.C. but proclamation of attachment of property was also iss....
The main legal point established in the judgment is the consideration of the gravity of the offences, the conduct of the accused, and the possibility of fleeing from justice in determining the eligib....
The main legal point established in the judgment is that a person declared as a proclaimed offender under Section 82 of the Cr.P.C. is not entitled to anticipatory bail under Section 438 of the Code.
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