498A

Guest (Querist) 20 November 2010 This query is : Resolved
whats the chances of bail being denied in case of old parents charged in a 498A case. The husband being the main accused was granted bail after arrest. Parents will need to take bail when the chargesheet is filed.

The opposite side would definately oppose the bail as this is the main chance of harassing and seeking huge sums from the accused. It has been told to us by the Investigating officer that he visits the police station frequently and puts false applications that we have been harassing him and went to his house to throw acid on him and his daughter.

And also he visits the magistrate court and puts such complaints.

I am concerned that these things may result in my parents bail application being rejected. They are old and I do not want them to be arrested at the time of bail application.

Though I know it is discretionary power of the magistrate in such crimes to grant or refuse bail but the main accused is already out on regular bail.

Is any precaution we can take there is no way we can stop the other party from making such complaints in police station.

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Devajyoti Barman (Expert) 20 November 2010
If the husband is already enlearges in bail then I do not see any uncertainty in getting bail for his parents. In any case the court generally does not reject the bail applications of the in laws if only the section 498A IPC is invoked.

Guest (Querist) 21 November 2010
if at the time of bail application of parents the other side contends that the 'streedhan' is not being returned by us what are the implications. There is no streedhan with us thats the reason sec 406 was not included in the initial FIR. The sections with 498A are 3/4 DP, 504 & 506.

adv. rajeev ( rajoo ) (Expert) 21 November 2010
If husband has already got the bail then easily parents will get the bail.

G. ARAVINTHAN (Expert) 21 November 2010
Parents are only arrayed only to harass the husband

Kirti Kar Tripathi (Expert) 21 November 2010
i agree with experts. usually in 498A proceedings, the husband is main accused and if the main accused is enlarged on bail, i think, there will be no problem. however, the role of accused in the complaint is also major aspect for grant of bail. Arvinthan has correctly stated that usually parents and other family members are arrayed only to harass the husband and his familiy members.

Arun Kumar Bhagat (Expert) 21 November 2010
To avoid apprehension of arrest Apply for anticipatory bail of your parents.

sachin sethi (Expert) 21 November 2010
your parents should apply for anticipatory bail...however there is no reason your parents being enlarged even on regular bail,,especially when you (main accused)have been granted bail..

Guest (Querist) 21 November 2010
they are under a stay arrest from HC they will apply for regular bail at the time of chargesheet. I was concerned about the regular bail being granted when chargesheet is filed.