Anticipatory bail in 498a pending

Sundram N (Querist) 19 January 2013 This query is : Resolved

Dear Sir and Friends,

The Session Judge is not giving any decesion on anticipatory bail filed in back 8month. in last hearing, it was descussed and requested to judge that either you grant the bail or reject but the judge given another date in first week of the next month.

wife side is very regid to make arrest of husbnad because all others accused are granted bail.

sir, what to do in this situation. police can come from bihar to mumbai to arrest the husbnad even bail petiotion is under consideration of session judge.

kindly suggest what to do ?

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Advocate M.Bhadra (Expert) 19 January 2013
You should withdrawal the anticipatory bail petition from District Judges Court or "NOT PRESS" the said petition and file a Fresh Petition in High Court.Generally the authority would not go to the other Province to the arrest the accused in 498a IPC case.

Devajyoti Barman (Expert) 19 January 2013
You can either wait for the order or go for withdrawing it.
Both 438 and 439 crpc options are available to you.

Raj Kumar Makkad (Expert) 19 January 2013
Nothing to add in the already given advice.

Adv Vikramsinh Mohite (Expert) 19 January 2013
Dear Sundaran N,

You can withdraw your AB application and surrender in court and can get regular bail. Hire local lawyer there. I will arrange this thing for you.

Hon'ble Experts, correct me if I am wrong.

DEEPAK ASSOCIATES (Expert) 19 January 2013
normally in anticipatory bail petition no longer such time lapsed by the court, therefore, except exceptional case police do not take any action any how it is matrimonial dispute hence police has not to take the coercive steps.
The option to arrest is open to police in such cases.
takeup the matter before high court u/s 482 or your lawyer must press for the decision to the court.

AJIT KUMAR MISHRA (Expert) 20 January 2013
u can file applicaton u/sec 482 cr.p.c.against the pending 438 application,as because it is statutory to dispose the application within 30 days of filing.

Raj Kumar Makkad (Expert) 20 January 2013
Mr. Mohite! It is not good to offer self servics on this site.

Adv Vikramsinh Mohite (Expert) 21 January 2013
Hon'ble Makkad Sir,

I have wrongly put 'I' instead of 'he'. I am practicing as CS. I do not provide advocate services.