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AHSANUDDIN AMANULLAH
Gaurav Kumar – Appellant
Versus
State of Bihar – Respondent
JUDGMENT :
The matter has been heard via video conferencing.
2. Heard Mr. Rajendra Narain, learned senior counsel along with Mr. Alok Ranjan, learned counsel for the petitioner; Mr. Md. Arif, learned Additional Public Prosecutor (hereinafter referred to as the ‘APP’) for the State and Mr. Praveen Kumar, learned counsel for the informant.
3. The petitioner apprehends arrest in connection with Mojahidpur (Babarganj) PS Case No. 80 of 2020 dated 21.03.2020, instituted under Sections 498-A, 406/34 of the Indian Penal Code and 3/4 of the Dowry Prohibition Act, 1961.
4. The opposite party no. 2, who is the informant of the case and wife of the petitioner, has alleged that her marriage took place when the petitioner was pursuing study of MBBS and in the marriage, rupees twenty two lakhs cash was given besides gift of rupees four lakhs. It is further alleged that on persistent demand and pressure from the petitioner, Rs.14,24,600/-was transferred in the account of the petitioner in the name of expenses. Thereafter, in the year 2016, he completed his MBBS course and in the meantime, she was blessed with a girl child on 07.03.2014. It is alleged that the petitioner was employed in Indian Army on
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 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 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 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 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 the significance of specific allegations, consistent evidence, and the nature of evidence in upholding a conviction under Section 498(A) of the Ind....
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 court emphasized anticipatory bail conditional on financial support for the informant, highlighting the obligation of maintenance.
The main legal point established in the judgment is the court's discretion to grant anticipatory bail based on the lack of necessity for the Applicant's custodial interrogation, the presence of const....
The completion of investigation and filing of charge sheet as grounds for granting bail in a dowry harassment case.
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