Anticipatory bail
Mohit
(Querist) 09 July 2014
This query is : Resolved
my friends sister had filed a 498A case, the husband filed anticipatory bail petition in High Court but the police didnt informed the wife. In the meantime police didnt arrested the husband by saying various excuses. The husband used to threaten the wife to withdraw case and the wife lodged GD to police against this threatening by husband but still police didnt take any action. Finally one day wife came to know that husband has been granted anticipatory bail by high court. When she saw the order of court it was clear that the police and P.P has not shown the GD lodged by the wife against the threatenings by husband and various other medical papers were also not presented before court by police. It is suspected that police and PP didnt strongly protested against bail before the court and they might have been managed by the defendent. In such a situation what is the course of action available with the wife ?
V R SHROFF
(Expert) 09 July 2014
what loss OCCURRED to WIFE????
Y WIFE WANT THAT Husband IN JAIL?? ANY GAIN TO HER?? OR ONLY WHIM TO GET H ARRESTED???
I dislike 498A, as it only harm both parties, not useful to built healthy Society.. Why u support 498A, a house breaker law!!
Rajendra K Goyal
(Expert) 09 July 2014
Wife should proceed with the case on merit.
Vikram Chandra
(Expert) 09 July 2014
I agree with my brother lawyers. However, she can file cancelation of Bail application by bringing the subsequent developments of threats by husband & attitude. Of the police should be brought to the notice of the court.
ajay sethi
(Expert) 09 July 2014
wife should contest 498A case on merits
T. Kalaiselvan, Advocate
(Expert) 09 July 2014
If this is what is the cooperation extended by the police in the initial stage itself, I doubt whether the prosecution will conduct the trial of case properly. However, an advocate from your side to assist PP with the permission of court will ensure that the PP will not jump sides during trial. Consult a local lawyer and proceed as per his further advise.
