Bail u/s. 498a & 306 of i.p.c.
manoj r. dubey
(Querist) 21 February 2013
This query is : Resolved
I AM IN NEED OF JUDGEMENTS RELATING BAIL U/S. 498A & 306 OF I.P.C. THE ACCUSED HAS BEEN ARRESTED ON 20.02.2013 AND REMANDED TO POLICE CUSTODY TILL 25.02.2013.
SINCE THE SEC. 306 IS TRIABLE BY SESSIONS COURT I HAVE TO PREFERRED BAIL BEFORE SESSIONS COURT.
AS PER REMAND AND F.I.R COPY THE INCIDENT TOOK PLACE BY THE MISTAKE OF THE WIFE AS THERE WAS A SMALL DISPUTE BETWEEN BOTH HUSBAND AND WIFE AND ON THAT WIFE POURED SOME KEROSENE ON HER BUT THE INTERFERENCE OF THE HUSBAND SHE WAS ASKED TO KEEP SILENT AND SIT DONE, BUT AFTER SOME TIME SOMETHING SHE GOT UP AND WHILE PICKING UP THE RICE FROM THE GAS STOVE WITH HER KAMEZ THE KAMEZ GOT BURNT AND WHEN HER HUSBAND SAW THIS HE RAN AND TORED HER CLOTHES IN ORDER TO SAVE BUT BY THE FLAME WAS OUT OF CONTROL.
THE HUSBAND HIMSELF TOOK HER TO HOSPITAL IN WHICH THE HAND OF THE HUSBAND WAS ALSO BURNT. AFTER 2 DAYS SHE EXPIRED.
AS PER MY CLIENT WIFE HAS GIVEN THE STATEMENT THAT HER HUSBAND IS NOT INVOLVED IN THIS AND SHE GOT BURNED BY HER NEGLIGENCE, BUT THE BROTHER OF THE WIFE HAS MADE A COMPLAINT IN THE POLICE STATION THAT MY CLIENT HAS DONE THIS.
AND ONE MORE THING THERE WAS NO SUCH QUARREL INCIDENT SINCE THE 9 YRS OF MARRIAGE.
SO PLZ HELP ME WITH JUGEMENTS IN THE SAID CASE.
Kiran Kumar
(Expert) 21 February 2013
find some stuff on
www.indiankanoon.org
you are better aware in cognizable offences, bail is not a matter or right and it is a sole discretion of the court.
her statement that husband is not involved in the matter is most relevant point for your purpose and the duration of marriage of 9 yrs is also plus point for your purpose.
R.K Nanda
(Expert) 21 February 2013
visit indiankanoon.com.
manoj r. dubey
(Querist) 21 February 2013
thank u sir but plz cite me some judgments
Rajeev Kumar
(Expert) 21 February 2013
Do the google search by coding these Sections of IPC and you will find a lot of judgements of our apex court and various highcourts.
Kiran Kumar
(Expert) 21 February 2013
let me try to find something for you...otherwise yours is a facts based case and a good case for bail.
prabhakar singh
(Expert) 21 February 2013
Mr.Kiran kumar has rightly highlighted that you have good grounds for bail for a nine (9)year old peaceful marriage ,husband did not escape rather took her to hospital.Wife has stated husband not involved.(was it a dying declaration,if yes,before whom?)
Did husband kept police informed?
To form understanding and not for citation you may go through :Supreme Court of India
Kundula Bala Subrahmanyam And Anr vs State Of Andhra Pradesh on 26 March, 1993
Equivalent citations: 1993 SCR (2) 666, 1993 SCC (2) 684
also available on :http://indiankanoon.org/doc/1053935/
