Legal Question in Criminal Law in India
Can we get an anticipatory bail for an alleged offence under 498A, without the complaint being made or without the FIR is lodged? there is an apprehension in the mind that the wife may file for 498A, can i go and ask for anticipatory bail, without filing of complaint or FIR by my wife
2 Answers from Attorneys
It is bit difficult but you can file.
or you may send us your details and our representative can deal your case.
Regards
sir, anticipatory bail is with respect to a particular FIR. However, if you file under these circumstances, the court at the most will direct the Investigating officer of the police station (where you apprehend the FIR to be registered) to give you notice of few days before arrest in the FIR which will be registered.
But, what if you apprehend FIR in Police Station 'x' and get the order as above, and your wife goes and file FIR in Police Station 'Y' . The above noted order, then, will be of no help.
So, in my opinion, wait and watch and once you are sure that the FIR has been registered then take the anticipatory bail
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