Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 494, 498A, 406, 420, 120B -- Anticipatory bail - Bigamy - Husband performed second marriage during subsistence of first marriage - There are no criminal antecedents against husband except present case - High Court not justified in dismissing application of husband only on the basis of petition..........
Indian Penal Code, 1860, Section 494, 107, Criminal Procedure Code, 1973, Section 482 -- Bigamy - Abetment of offence - There is no allegation against applicants that they instigated `R' to commit an offence punishable u/s.494 IPC - There is no allegation that applicants engaged themselves in any criminal conspiracy to commit an offence u/s.494 IPC - It is the case of..........
Indian Penal Code, 1860, Section 498A, 494 -- Bigamy - Dowry demand & cruelty - Proof - Held, prosecution has to prove that alleged second marriage had been duly performed in accordance with essential religious rites applicable to the form of marriage gone through by parties and that said marriage must be a valid one according to law applicable to parties - In present..........
Criminal Procedure Code, 1973, Section 198(1), Indian Penal Code, 1860, Section 494 -- Bigamy - Conviction - Validity - Wife filed complaint u/s. 494 IPC against husband on ground that he contracted second marriage during her life time - Magistrate invoking power u/s.156 Cr.P.C. and forwarded said complaint to police for doing needful in accordance with law - Police..........
Indian Penal Code, 1860, Section 494 -- Bigamy - Second marriage - No averment in complaint that customary rites and ceremonies prevalent in the caste or tribe, if any, to which the complainant and her husband were belonging were performed or that Saptapadi was not a necessary ceremony of the marriage - Complainant making out case that there was chanting of Salokas and..........
Indian Penal Code, 1860, Section 494 -- Bigamy - Trial - Procedure for trial is that of a warrant case...........
Indian Penal Code, 1860, Section 494 -- Bigamy - In plea against the charge husband stated `True. I have not committed any crime. I have married after ten years of my wife deserted and went away' - Does not absolve the prosecution to otherwise prove its case - It is to be proved that second marriage was performed with due ceremonies for the marriage - Held, it was a futile..........
