Legal Question in Family Law in India

Under sec 498a if daugter in law has lodge false allegations on inlaws that they have threatened her physically and mentally tortured . Can they get anticipatry bail .she has written N.C. in the police station only. What will be the procedure for A B


Asked on 11/30/13, 3:58 am

4 Answers from Attorneys

Aileen Marques Independent

You will approach the Court for filing the Anticipatory Bail Application. 498A is a FIR. It cannot be a NC.

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Answered on 11/30/13, 4:54 am

you can file for anticipatory bail in the court. and depending on the facts the court may grant you the anticipatory bail.for further queries you may contact 9312411481

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Answered on 11/30/13, 7:10 am

Hello,

Anticipatory bail is bail that is applied for prior to ones arrest or detention by an authority, but in anticipation of the same. Section 438 of the Criminal Procedure Code prescribes that a person may apply to an appropriate High Court or Court of Sessions for anticipatory bail when he has reason to believe that he may be arrested on accusation of having committed a non-bailable offence (note that this provision does not apply in every state in India). The filing of an FIR is not a mandatory pre-condition for the filing of an application for anticipatory bail. When directing the grant of anticipatory bail, the Court may set such conditions as it deems fit. Anticipatory bail orders are usually time-bound and are not granted as a matter of right � they court must be satisfied that the person will not interfere with the investigation or hamper the inquiry into the crime and that the accused would be subjected to undue harassment or unjustified detention if the order were not to be granted. Anticipatory bail is usually not granted for heinous crimes like rape, murder etc. I suggest that you contact a good lawyer and make sure that you are not arrested due to these false 498a cases being filed against you.

Regards,

Advocate Ashok Kumar; www.lawkonect.com

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Answered on 12/02/13, 1:50 am

dear client u have to apply in district court for anticipatory bail. for any legal help call me on 9422611385

ADV PRASAD PATIL

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Answered on 12/03/13, 5:17 am


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