Breaking of bail bond
498A-filed
(Querist) 31 December 2014
This query is : Resolved
Dear experts,
My wife was arrested as the police executed the bailable arrest warrant issued by the trial court in a private criminal complaint case filed by me on her u/s 406 IPC & 138 NI.
She was released on bail bond and PR bond by the concerned police station on condition that her adv. will present her before the court on or before the next court date. & the PS informed the concerned trial court in writing and it is in the court records,
My wife failed to appear before the trial court and subsequently an NBW is pending against her.
I want to know from the experts, whether there is any provision under the law to take action against the person who has taken her suriety or against the accused who broke her bail bond conditions.
Devajyoti Barman
(Expert) 31 December 2014
She will have to appear physically in court and pray for bail once again. Since she has breached her undertaking once, it is upto court to decide whether to grant her bail or not. Since she is fame accused person, she is likely to get bail.
ajay sethi
(Expert) 31 December 2014
your wife will have to appear in court . NBW may be stayed or cancelled by court
498A-filed
(Querist) 31 December 2014
She filed anticipatory bail on counter blast theory. I opposed her anticipatory bail and it was rejected by the sessions and district court. If she surrenders, I will oppose her bail on this ground. In my state Bihar getting regular bail is little more difficult than in other states particularly when AB is rejected by the higher courts. In 498a cases husbands spends an average of 6 months in jail in Bihar before they get bail.
She is not showing any interest in facing the trial. I have filed an RTI with the police regarding the execution of NBW. Earlier my RTI resulted in her arrest in the BW warrant.
498A-filed
(Querist) 31 December 2014
Sir Devajoti Barman kindly clarify this sentence, i think there is some typing error.
"Since she is fame accused person"
Devajyoti Barman
(Expert) 31 December 2014
it would female accused person.
Do oppose the bail prayer. She would be in great difficulty indeed as her AB is rejected.
Rajendra K Goyal
(Expert) 02 January 2015
Agree with the expert Devajyoti Barman.
498A-filed
(Querist) 11 February 2015
opposite party surrendered unconditionally after 5 criminal cases, few complaints and after about 50 RTIs on them
Game over. Wife and child back home.
