Anticipatory Bail against false FIR IPC 498a
stylistperson
(Querist) 30 March 2011
This query is : Resolved
I have submitted the summery of situation into forum for further advice under TRAPPED BY MISUSE OF 498A.
I seek advice on current situation. We applied for Anticipatory bail for my brother & my father. The Court has given date of 29th march and now extended to 5th of April.
I am living overseas and whenever I talk to my family there, they seems upset and frustrated by living away from home over a month now. I suggested to keep patience and trust on lawyer and a system. The matter takes time.
There is a risk of that may be we can not get anticipatory bail of my brother. In that case what can we do that he do not have to get arrested by police? If in case of he has to arrested then can police harrash him while in custody? What can be technically safer for my family?
As there is no one else except my old parents to run here and there, we wish to keep my brother out of custody. Please advice.
Thanks.
Santosh Goswami,Advocate
(Expert) 30 March 2011
Generally, if there seems any doubt regarding the authenticity of the complaint Anticipatory bail is granted.you may call 09555462995
Devajyoti Barman
(Expert) 30 March 2011
It seems that the petition for anticipatory bail is pending for disposal. You did not however mention where- sessions court or the high court?
However in case u/s 498A IPC, the courts specially High Courts are quite liberal . In Kolkata region we find no problem in getting bail of the in laws except the husband by surrendering them.
So I would suggest you to wait till AB is granted. Once that is done you need not worry. The details of the case and the sections brought under it would have been helpful to make further advice.
stylistperson
(Querist) 31 March 2011
Thank for your replies. The application is under sessions court as our lawyers says that should be fine at this stage. However, if they reject bail for my brother, would he able to apply in High court or he has to go to police custody? Thanks.
