498a filed by wife after lodging complaint in police station.
Sundram N
(Querist) 09 November 2012
This query is : Resolved
Dear Friends,
one case is that Wife filed case of 498a after fearing that husband has filed one GD when his wife has sent some criminal person for extorting money and beating the husbnad. when husband filed GD in police station than, wife has made false alegations and filed 498a on husband and his relative including old age parents.
Now session judge granted AB to all the accused but bail of husband in in pending in session judge. session judge is saying to present the husbnad but it may be husband can be arrested. but judge is saying to give protection order for appearing in court. husbnad does not want to compromise at any cost with such wife.
in such cases, what to do that session judge is to be said to grant the bail or reject so that husbnad can file before high court.
kindly advice that husbnad can be given bail by session judge and husbnad can take protection order to appear as the time is going to waste that if husbnad appear before the seession judge because husbnad is to willing to compromise.
kindly advice.
ajay sethi
(Expert) 09 November 2012
husband should appear before session courtand would be granted AB
Guest
(Expert) 09 November 2012
Bail in 498A is the rule and denial an exception. If the case is argued properly by the counsel, I see no reason as to why he bail shall not be granted.
Ashish Davessar
Advocate
Supreme Court of India
Punjab and Haryana High Court
Sundram N
(Querist) 10 November 2012
Dear Sethi sir and Ashis sir,
kindly clarify that in Bihar, session court is not giving bail in 498a to husband as merely seen in previous in a lot of the cases. in this csaes, session judge is saying that protection only for appearing in court will be given and intention of the judge is to make compromise but husband is not willing at any cost to compromise with such wife who filed case on preplan base in assiciation with her prents and sister to extort money. as the wife is such who also made plan to kill the husband to extort all the property which is in the name of property. a lot of such taking is also recorded by husband in mobile.
kindly give your suggestion that how to face the bail in session judge and recorded voice of wife can be used as evidence.
