498a & anticipatory bail
Victor
(Querist) 04 February 2014
This query is : Resolved
Experts pl opine
a wife twice put up 498a in the past in last 7 years & latest case has been compromised. But before compromise the HC granted anticipatory bail for not to arrest during 498a investigation to SHO.
After a year of compromise, the same wife for some reasons threatening to sucicide & under pyschiatry treatment through her mother's mediation.
Can husband apply now for Anticipatory Bail (AB) looking her past history of habitual complainers behaviour & current situation.
1) Does HC admits the AB petition for suicide threat or real suicide?
2) If yes is there a possibility of husband & his parents to get the AB like in the past?
Advocate M.Bhadra
(Expert) 04 February 2014
There is no preventive measure of any FIR or Criminal Case as may be lodge by your wife.You can not apply for anticipatory bail without an FIR and no need to apply the same.Now you should lode a diary to the Police Station for threatening from side of your wife and inform the same to District Superintendent of Police.You can counter also by filing a suit for Restitution of Conjugal Right in Family or District Court.
Rajendra K Goyal
(Expert) 05 February 2014
Anticipatory bail can not be granted in such circumstance.
Dr J C Vashista
(Expert) 05 February 2014
AB is granted against apprehended threat of arrest in a police case already registered. You are still expecting the case to be filed, hence no AB to be allowed.
HC will admit the AB petition only after committing of suicide and dismissal of AB petition by Session's Court.
T. Kalaiselvan, Advocate
(Expert) 06 February 2014
Without any pending case at FIR stage, AB will not be granted. There is no ground called anticipating death by suicide hence an AB.
