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Anticipatory bail prior to any case from wife.

Dear Members of LCI,

My query is do getting AB is same every where or else it depends state wise.As i come to know that in metros by assumption of any false cases to any pettitioner he may proceed to get AB by convincing judge that he may be accquanted with false charges.

Can I get AB by showing notice of mahila thana as in this DR no. is mentioned.?

My lawyer is telling that you can't get AB until on less you are having the case no. or FIR copy?

But how to get the complaint copy of mahila thana as she is not giving by any mode.

My extereme concerned is how to proceed for AB and for safety of my parents?What time it takes generaly and what are the cost occurs during this?

If somebody is not getting AB and warrant has been issued then what can be done to prevent arrest?

Thanks in Advance,

A sufferer........

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2 Replies

Q Slinger (NA) 08 July 2013

I am assuming you are anticipating a 498a case against you.

- Yes you can get AB based on the fact that you are antipating an arrest and this has to be done via High Court. Its not a very well know fact, but 2 of guys I know did that in Hyderabad as they were anticipating a 498a case and arrest. Same situation as you, they did not have an FIR either. Just approace the HC with the summons that were issued by mahila thana.

- To prevent arrest, abscond, and continue to fight for AB. If not, wait till the FIR has been filed and then get AB from sessions court. Meanwhile, don't let anyone know where you are or your family members are. It should not cost you more than Rs.8-10,000/AB and dependant on where you are.

- You can get complain copy by filing RTI. Get your mother to do this as it will be more effective. Ensure that you have CC'ed all the higher up on your RTI. Response should take about 30 days. Till then stay away from your usual address.

Also Note: A1 (usually Husband) will not likely get AB and might have to spend a day or so in remand before regular bail can be granted. But all other Accused (A2, A3,..) will not have a problem getting AB.

Meanwhile, read up on "A GUIDE TO SURVIVING IPC 498A" or "498a Survival guide". Search the web.

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Q Slinger (NA) 08 July 2013