can i get anticipatory bail before future filing of 498a?

Querist : Anonymous (Querist) 23 May 2010 This query is : Resolved
after desertion of my wife of one year i filed a rcr petition in court.she wants to put a 498a case.before she filing a case is there possibility to get anticipatory bail.because if she put on my brother, he is a private employee he could face the problem about leave(108).

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Devajyoti Barman (Expert) 23 May 2010
From which state do you hail? In High Court of certain state/union territory like Chennai, Delhi the petition for anticipatory bail can be filed even before the drawing of FIR where as in certain state like West Bengal the same can not be done.

Querist : Anonymous (Querist) 23 May 2010
i am living in andhrapradesh , nellore district

Raj Kumar Makkad (Expert) 23 May 2010
Generally courts after receiving report of State over AB application declare it infructous as no made is lodged against the petitioner and in some matters, direction is issued to police to serve prior notice in case of subsequent lodging of FIR.

Pankaj Mehta (Expert) 23 May 2010
There must be an apprehention of arrest, before filing of anticipatory bail application, i am surprised with the fact heard by my learned friend Mr.Prabhakar offence u/s 498 a is bailable?? if it is true, atleast AP atate has made a appriciating effort for prevention of husbands from false frivolous complaints and tortures.

Raj Kumar Makkad (Expert) 23 May 2010
Pankaj has further clarified the reply.

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