498a/406 - stay on arrest extended and not giving bail
Raj Sinha
(Querist) 06 August 2017
This query is : Resolved
My file lodged false 498A/406.We gave all proofs to IO but still FIR was registered. We moved for AB but court has put stay on our arrest until we return all items which girl's parents gave in Women Cell. We have returned all items and now they are asking us to return the shagun given to me(husband) in tilak as they are counting it as streedhan.We have already told the court that the jewellery given to the girl on marriage is still with her as she had it in her possession since marriage. But court is asking us to pay half the price along with the tilak money given to me.They did not even granted bail to my parents and extended the stay on arrest.We have enough evidence where girl's father wrote to mutual divorce with no allegations but they gave a false statement under oath to judge that we made them write it when I have all in video recording. What should I do and how do we get bail?
Rajendra K Goyal
(Expert) 06 August 2017
Discuss in detail with your lawyer who is well aware of full facts.
You have the option to proceed as per orders of the court. or you can take a chance to approach higher court for stay on the orders and for anticipatory bail.
P. Venu
(Expert) 07 August 2017
Has the court taken cognizance of the matter and issued summons. If not you are still not the accused. It appears you rushed too early for getting anticipatory bail, especially in the light of the recent decision by the Supreme Court.
Mohd Musabbir Ansari
(Expert) 09 August 2017
Mr. Sinha
you have committed suicide by filing AB as till today no FIR. Recently Supreme Court liberalized 498 Case, accordingly, police have no power to arrest without the order of magistrate. As of now, you have the only choice either to respect Court Order or challenge court Court Order.
