Petitioner was alleged of hiding their already existing marriage of his and had entered into a false relationship with the informant. He had also married the informant and threatened her on knowing about the truth. The Court denied the pre-arrest bail to the petitioner and said that the case may be considered for bail matter on its own merits in the future. The Hon’ble High Court of Patna before Justice Mr. Ahsanuddin Amanullah in the matter Akhilesh Singh v. The State of Bihar[Criminal Miscellaneous No. 40409 of 2020].
The facts of the case were that the petitioner was apprehended arrest under Section 420, 376, and 506 of the Indian Penal Code. It was alleged against the petitioner that the informant had earlier married a man and had 2 children from him. After whose death they came to know each other on Facebook and had fallen in love. It was further stated that they had a physical relationship with each other. The informant added that they were in touch with each other and that the petitioner had put the vermilion on her forehead as well. Later on, the informant came to know that he was already married to someone else and when she raised her voice she was threatened.
The petitioner submitted that the informant who had pursued the relationship with the petitioner and further that she was fully aware of the circumstances. It was submitted that because there may have been some contact between the parties but that was purely consensual and the informant was trying to extract money from the petitioner due to which she has lodged this false case.
Learned counsel for the informant submitted that she being the mother of two children, could not have entered into such relationship as it is against natural human behavior and further that the petitioner did not need to put vermilion on her forehead in a temple as that was what had made her confident that the petitioner had married her.
The Hon’ble High Court of Patna held,” Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, the Court is not inclined to grant pre-arrest bail to the petitioner.” The Pre-Arrest Bail was denied by the Court and the Petition was dismissed.
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Judgment Reviewed By Nimisha Dublish
