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ABP to husband when compromise not happen in 498 a

(Querist) 04 October 2009 This query is : Resolved 
Dear Sir,
When wife is not ready to compromise in 498 a Case, then whether Anticipatory bail to husband is allowed or not? Because her parents are not ready to send her daughter due to medically unfit to deliver a chile in future.
Please advice me from your valuable suggestion.
Yours'
Ashok Srivastava
Sachin Bhatia (Expert) 04 October 2009
Anticipatory bail will be allowed or not depends upon the facts and circumstances of the case. It is the discretionary power of the court.
Raj Kumar Makkad (Expert) 06 October 2009
This is no ground to get anticipatory ground that wife is neither capable to conceive child nor is ready to make compromise. It is double offense on the part of the accused. On the one hand he has prima-facie committed an offense and on the other hand, he is pressurizing the complainant to compromise with him. Bail application can be rejected on this ground.


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