Prem Veer Singh (VP) 12 September 2013

Suicide by wife

We are representing Wife.

Court Aligarh. Already dowry case was filed there but the husband bailed out without jail. All mediation was rejected by the husband. Wife was refused to meet kids. Wife committed suicide at her mother's place for these reasons. Suicide FIR under 306 filed against Husband. Husband filed an application in High Court Allahabad for bail. High Court gave direction order. One page order is attached. Please guide us how to file an application from wife side against this order.

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3 Replies

Rashid Ali (own practice as a criminal lawyer) 12 September 2013

paste copy of fir then we will comment

Prem Veer Singh (VP) 12 September 2013

fir u/s307 bisra report panding in lab

Saurabh..V (Law Consultant) 13 September 2013

@Author

As per the attached PDF file, I understand that Hon'ble High Court has dismissed the petition to quash the FIR under S.482CrPC and has directed the applicant to appear before Court of Sessions for regular bail (as provision of Anticipatory Bail is not available in Uttar Pradesh).

All you need to do is just oppose his bail application in the Court of Sessions on merits and don't let him misguide the court.

Having said this, in my view, the case under S.307IPC is not sustainable in the court because Abetment to Suicide could only be proven if the abettor urged the victim to commit this act. In you case, although it is clear that the deceased was under tremendous pressure, however such pressure prevails on both parties of the case. Such pressure cannot be said to have amounted to abetment.

All the best!

//peace

/Saurabh..V