304b
sunaiynas
(Querist) 19 March 2015
This query is : Resolved
my sister in law committed suicide at her parent's house 2 months after leaving our house. the case has still been registered as 304B dowry death. I would like to understand what is the probability of bail for my brother (husband of the deceased) in the same case.
Advocate Kappil Cchandna
(Expert) 19 March 2015
Sir,
Bail is generally granted on the basis of the prima facie allegations .... Share the FIR to know more ...
Regards
Kapil Chandna Adv 9899011450
Rajendra K Goyal
(Expert) 19 March 2015
Case file and FIR need to be referred, consult local lawyer.
SAINATH DEVALLA
(Expert) 20 March 2015
She has been away from UR house for 2 months before she committed suicide in her parents house.How could that be termed or registered as a dowry death? These 2 months has UR brother been visiting their house? Need not. panic,a good local lawyer should be engaged
sunaiynas
(Querist) 20 March 2015
Never. We live in Delhi and she was in Agra. But obviously they have alleged that my brother with his mother visited Agra once a month before her death n demanded dowry. Our lawyer is Gopal S chaturvedi in Alllahabad HC
sunaiynas
(Querist) 20 March 2015
Never. We live in Delhi and she was in Agra. But obviously they have alleged that my brother with his mother visited Agra once a month before her death n demanded dowry. Our lawyer is Gopal S chaturvedi in Alllahabad HC. But he says the judge is very orthodox
T. Kalaiselvan, Advocate
(Expert) 21 March 2015
The question is of law and not of orthodoxy. The judge cannot beyond law, so wait for the law to take its action accordingly.
sunaiynas
(Querist) 21 March 2015
Sir, so what is the probability of getting bail from HC. My brother has been in custody since 28th Oct2014 and the charge sheet has been submitted by police in Dec 2014.
SAINATH DEVALLA
(Expert) 21 March 2015
I cannot understand why bail was no t granted since oct 2014.It is only an allegation that she committed suicide for dowry harassment.
sunaiynas
(Querist) 26 March 2015
yeah, the opposing party has asked for a counter of 3 weeks now. at the same time the case has its first trail hearing today. the Dist judge has charged 304B even though she committed suicide at her parent's house two months after leaving her inlaws house. what shd be understood of this? will this have an impact on bail hearing in HC after 3 weeks of counter get over?
SAINATH DEVALLA
(Expert) 26 March 2015
Everything depends on how UR lawyer manages the bail in HC.
