ipc306 and 498a
harassed soul
(Querist) 11 May 2013
This query is : Resolved
PLZ PLZ PLZ HELP. Its URGENT.""
My bhabhi did suicide within 2 and half months of marriage by using kerosene. While saving her my brother also got burnt and till today he is in hospital. My brother's in laws filed fir under 306 and 498a on my parents, brother ,and me. My bhabhi gave dying declaration as follows"i did this at the heat of the moment and no one is responsible" My brother and bhabhi and My parents stayed in different city. But on the day of incident, my parents were at brothers house. But the incident happened when they left brothers house and at the time of incident my parents were travelling to hometown. Now my my father and I have got bail and my mother has got interim bail. As my brother is in hospital, he is not taken in custody. Now my questions are
1. How much time police will take to file chargesheet?
2. Can my brother get anticipatory bail now?or Once getting out of hospital, does my brother need to be in custody till filing chargesheet or he can get normal bail? Court will be having summer holiday now. So , does holiday court will hear brother's bail plea??
3.my bhabhi did not specified any reason for her heat of the moment in her declaration. Will it be of qny problem in the case?
4. We did not took any dowry in wedding and it was a well known thing. Plz help me by answering quickly!!!
Devajyoti Barman
(Expert) 11 May 2013
1. No time limit. However it should be within one year.
2. There is no harm in trying. Since he was injured in saving his wife, there is very likelihood of allowing the AB.
3. Yes
4. Prove that in trial.
Raj Kumar Makkad
(Expert) 13 May 2013
1. Charge-sheet shall be filed only after completion of investigation which shall also include the arrest of your brother.
2. Nothing concrete can be opined about the bail of your brother, owever, it can safely be opiined that the holiday courts also decide bail applications.
3. No.
4. You have already been replied.
