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Vinod (executive)     06 December 2010

406 and Anticipatory Bail

Dear Advocates,

Please advice, my wife has taken all the gold to her paternal home including my engagement ring and the gold chain gifted on the day of marriage. Can I file complain u/s 406 IPC? Also only on the ground of threat by in-laws to file false cases relating to dowry on my family members just to settle on their terms, Can one apply for Anticipatory bail? And if yes, what are the chances that the bail will be granted?



Learning

 6 Replies

Saurabh..V (Law Consultant)     06 December 2010

@Vinod

 

Your's is a made out case of theft and criminal breach of trust. All what the girl had brought was in mutual possession of these gold and other items. Without informing you she left the matrimonial home which would also amount to cruelity.

 

If you could provice more details, may be I can advice on exact sections under which you can file a private complaint. Also, it expedient that you consult a local advocate and file a private complaint with the Metropolitan Magistrate of correct jurisdiction of your area. Even if your wife files charges for dowry etc., their FIR would be taken as counter FIR and your points would be heard first.

 

//peace

/Saurabh.V

RAKHI BUDHIRAJA ADVOCATE (LAWYER AT BUDHIRAJA & ASSOCIATES SUPREME COURT OF INDIA)     06 December 2010

Agreed with Mr. Saurabh.But tell me where u want to file anticipatory bail? U can call me at 9871158578

Rohit (Private)     14 December 2010

Dear Rakhi

Can we get an anticipatory bail in Uttar pradesh if i am from Delhi and my wife from UP for 498A.

Thanks

Rohit

DEFENSE ADVOCATE.-firmaction@g (POWER OF DEFENSE IS IMMENSE )     15 December 2010

Anticipatory bail provision is not there in UP still you can get intrim bail from higher courts.

RAKHI BUDHIRAJA ADVOCATE (LAWYER AT BUDHIRAJA & ASSOCIATES SUPREME COURT OF INDIA)     16 December 2010

Dear Shashi Kumar Ji,

For ur kind information Provision of Anitcipatory bail has been back in UP after 30 years approximately 3-4 months back. Rohit can apply for the AB in UP also.

DEFENSE ADVOCATE.-firmaction@g (POWER OF DEFENSE IS IMMENSE )     17 December 2010

Rakhi madam instead of giving your cell nos being an advocate please give exact information.

Please tell us under which act , ordinamce the AB provisiion has been instroduced in UP. Please also give ref of notification from when it has been made effective.


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