Fear of being arrested u/s 498-a/406, seeking guidance
Raman
(Querist) 22 July 2012
This query is : Resolved
I am not criminal lawyer but has some access to practice LAW
Brief facts:
My brother is wedded to wife from Haryana Distt/state and after death of his mother she in 2010 vouluntarily left home and then she served notice demanding gold, silver and other articles
I filed the antcipatory bail but was not given as no complaint/FIR was regsitered then RCR before ADJ was filed which compel her to join matri home
In 2011 she agin left home and in May 2012 she came for one day and then she filed the police case in Haryana
I then fled the notice as well as anticpatory bail which was not given as PP informed that no FIR/COmplaint is pending before it
Then we has been advise to attend CAW Women cell in haryana.The CAW conciliated the process and advise that my brother and his wife to live in rented accomdoation( My brother is currently residing in Hostel of medical Institute)and advise to return all the articles
But the father of girl admantly proceed on complaint and didn't even receive the communication
Tommorrow, Police cop from Haryana visited our premises and informed that they have received complaint from women cell and asked about the whereabouts of my brother and me and advised to return all those articles by 26/07/2012 and further informed that he will arrest my brother and me ( we 3 in family including my old age father)
Now in that case, whether I should file the fresh anticipatory bail on tommorow at Haryana?
The PP will again contend that FIR is not registered and there is no provison of Notice bail in Haryana, then what is the alternative?
Is it possible, that Haryana police will arrest me in court premises the moment I file the antcipatory bail application?
Whether its advisable that I should move to Haryan High Court?
If my brother book truck for delivering articles at P.S, Whether Poloce cop will arrest him in the P.S?
Any other sugeestion that could be helpful?
Sudhir Kumar, Advocate
(Expert) 05 August 2012
You appear to have gone too far from reconciliation.
It appears that girl side have not involved your father. This speaks of their benevolence.
Yu said CAW advised your brother to live separately. You have not stated what your brother said.
You said that in 2010 she demanded her jewelry and other articles. You have not indicated the response of your family.
You said that she voluntarily left home. Sorry this does not happen overnight some trouble may have been brewing.
Police can arrest you any time. Whether you return her property or not.
Please make another try to beg for mercy.
