How to get anticipatory bail for 304 b
ritu
(Querist) 28 November 2013
This query is : Resolved
Dear sir,
Me and my family are suffering from a false case of 304 b.
This year my younger brother got married in Feb. month 2013 on october 3rd my brother's wife done suicide in my brother's house where my parents where also living. That is my father and mother and my brother and his wife was living.At the time of suicide my brother was coming from office to home and my father was at his work in the office only my mother was at home and as she is old she was sleeping at her room, My brother wife was at her bedroom which she always close by her, she use to close her room always from the day she came to our house. and always want to live alone in her room. we all though that as she is new to our house she is not so comfortable to get close to us where as she also speak very less with my mom and dad.
she done suicide at evening between 5.30pm to 5.45 pm, my brother usually come to house at 6 P.M from his office.
Before doing suicide she went to her house in Ganesh puja, she went with her elder sister's husband and one more boy, at the day when she was going to her house that day heavy rain was falling, my mother said please wait untill the rain get stop, but she didin't listen to my mom and went away with her relative.after coming back to our home she was not even spoken with any one, we don't know what had happen to her at her house or what was happen with her as she was very secretive, she never say share anything with my brother or mom.My father told her mother about her behavior she said that she don't have time to come to our house she will come after 3-4 days.
Now her mother and her sister's are charging on us that we had killed her but my parents and my brother is very innocent, we have never asked for any dowry nor torched her but they had done FIR against my family, now for my mum and brother we need anticipatory bail but in session court we not got bail for my mum kindly help me how to get easily bail for my mum and brother.We have been charged for false case we are innocent, the girl was suffering from depression and what was in her mind we never knew.
Advocate M.Bhadra
(Expert) 28 November 2013
Anticipatory bail means, bail before arrest,which bail order passed by a court that says that in the event a person is arrested, he is to be granted bail.
Anticipatory bail can only be invoked if a person is apprehending arrest for a non-bailable offence (as under s. 438 of the Criminal Procedure Code). A non-bailable offence is one for which the police if not empowered to release the arrested person on bail.
The provisions concerning anticipatory bail are to be found in section 438 of the Criminal Procedure Code (CrPC), 1973. The section is reproduced as follows:
“438. Direction for grant of bail to person apprehending arrest.
When any person has reason to believe that he may be arrested on an accusation of having committed a non-bailable offence, he may apply to the High Court or the Court of Session for direction under this section; and that court may, if it thinks fit, direct that in the even of such arrest, he shall be released on bail.
It is enlarge in those circumstances when the court believes that there is a possibility that the accused has been falsely implicated and that his freedom will not hamper the investigation of the crime.Bail granted under s.438 may be cancelled at any time if the investigation is hampered or if a condition under the order is violated by the accused person.
Contact with a local senior criminal lawyer.
Rajendra K Goyal
(Expert) 28 November 2013
Contact local Senior criminal lawyer.
T. Kalaiselvan, Advocate
(Expert) 29 November 2013
With the dismissal copy from the sessions court, apply for AB before high court.
ritu
(Querist) 04 December 2013
Dear Sir,
Thank you so much for your kind help.We have contacted the local lawyer over there he will produce for AB.
