498a
vijay
(Querist) 28 April 2013
This query is : Resolved
Sir,
Me and my wife are divorcee. I did marriage by giving ad in the newspaper under "NO DOWRY COLUMN".
My wife is trying to implicate me and family in 498A cases. Our case is going on in Women Cell. She is saying that If they will not take me to his house on 9th May, 2013 (next women cell date) i will make FIR aganist him and parents.
I dont want to take her back as she already made false FIR aganist me and family and got arrested u/s 323/342/354/34. We are on Police Bail.
Me and my mother and father are living seperately in diferent houses on the same building of the same floor.
my parent has already debarred me from property and other relation three months back.
My mother has already filed domestic violence case aganist my wife.
I have her previous track record and conduct that she has filed false FIR U/S 498/406 aganist her previous husband and family & extorted huge amount of money in the year 2003. I have copies of her compromise deed from the high court.
Me and my family have already taken 5 days notice bail from the court.
Can i apply anticipatory bail immediately as we are confirmed that if i dont take her back on 9th may, 13, she will file FIR aganist me and my family
Will we get the bail.
Kindly help
Devajyoti Barman
(Expert) 28 April 2013
Let her register FIR. Since you are in notice bail. you need not go for AB just now.
In 398A cases, the court has become much liberal.
Nadeem Qureshi
(Expert) 28 April 2013
Dear Vijay
if you think that there is any chance to registered FIR against you then AB may be filed before Session Court or HC as you think Fit and there are many judgements in which the court clearly held that The provision for the anticipatory bail in Section 438 of the Code applies even when there is no 'First Information Report and no case for commission of a non-bailable offence has been registered against a parson. If a person has reason lo believe that he may be arrested on an accusation of having com-milted a non-bailable offence, although no 'First Information Report' was filed against him
" In Re: Digendra Sarkar And Ors. vs Unknown on 1 September, 1982
But if you think that you have sufficient time to get bail after notice then no need to worry to file any Bail application before court.
Feel Free to Call
