False dowry, 498 accusation by wife
Rohan
(Querist) 21 July 2013
This query is : Resolved
hi,My cousin and his family is facing false accusation for dowry by his wife. they have been married for around 8 months now. She has threatened him many times before also about doing false cases to harass the family. No dowry was taken at marriage and non was asked later also. But she has mentioned that family kept the jewellery she was wearing on wedding day and are demanding money now. When police started investigating, she agreed in police station its false case and signed a document in front of police that no dowry was taken or asked. Police even signed the document stating that no compromise was done and the girl is agreeing without pressure and signing it. But next day after that, the wife decided to go back on the statement and created lot of drama in front of higher police authorities and somehow got the case to be opened again and the boy was arrested. How can his family fight this case of false dowry. They have the signed document that she did in front of police. Can that be useful to get bail for the boy or used as any evidence against her ? Right now the immediate concern is to get bail for boy and his family somehow. Please guide on anything that can help for bail.
Devajyoti Barman
(Expert) 21 July 2013
They can now go for quashing on the basis of the signed statement.
Getting bail should be a matter of time. Do take help of good lawyer.
Apply for anticipatory bail for other accused persons named in the FIR ,
Rohan
(Querist) 22 July 2013
Thank you sir. If the bail for cousin is granted, does it make it easier in getting anticipatory bail for family?
The case is entirely baseless and she has no proof of dowry harassment. Can she still interfere in any manner to stop or delay the bail ? If yes, is there anything the family can do upfront to avoid that scenario?
The family is extremely worried, Thank you so much for your help experts!
Nadeem Qureshi
(Expert) 22 July 2013
Dear Rohan
file AB if applicable in your state, with relevant judgments of SC & HC contact a lawyer
ajay sethi
(Expert) 22 July 2013
you will get AB for the accused based on statement made by wife before cops . although she may have retracted statement later still it will help you in getting bail
Rohan
(Querist) 24 July 2013
Wife's family is influential and she is trying all means to stop bail. Is there any way she can stop bail from happening?Family is worried she will come to magistrate and say false stories and act vulnerable. Is there any way to prepare in advance if she tries to stop the bail?
Also, court hearing has not happened for bail even after 4 days of arrest, is there a time limit within which bail hearing should happen and can something be done to expedite it?
