Legal Question in Family Law in India

U/S 498 A and bail petition .

My wife file a F.I.R under

section 498 A against me and

an arrest warant has been

issued against me and my

father by the police from the

local police court.

In this situation , wheather

I can able to file a bail

petition against my arrest

directly in the Highcourt by

avoiding the lower court and

wheather it is compulsory to appear personaly in the Highcourt or lower court to get bail u/s 498 A ?


Asked on 10/16/07, 9:53 am

7 Answers from Attorneys

Homi Maratha N.N. Maratha & Co.-Advocates

Re: U/S 498 A and bail petition .

You may file an anticipatory bail and you need not appear for the same.

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Answered on 10/17/07, 3:58 am
Amit Shukla AS and Associates Legal Services

Re: U/S 498 A and bail petition .

Pls contact personally.

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Answered on 11/07/07, 8:26 am
Alok Sharma Alok Sharma & Associates

Re: U/S 498 A and bail petition .

Yes you can file application for anticiparory bail directly in High Court and you need not appear personally before High Court or lower court for anticipatory bail.

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Answered on 10/16/07, 10:11 am
G. M. Gupta gmguptaandassociates

Re: U/S 498 A and bail petition .

file anticipatory bail application and u need not to appear for that

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Answered on 10/16/07, 10:37 am

Re: U/S 498 A and bail petition .

Yes,you can file anticipatory bail application.You have to firstly apply to session court and thereafter to HC if necessity arise.

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Answered on 10/16/07, 11:36 am
Yash Kumar Yash Kumar & Co.

Re: U/S 498 A and bail petition .

if you are not staying in UP you can file anticipatory bail application before the court. but mind it first you have to invoke the jurisdiction of session court and only after getting unfavourable response you can approach the Hon'ble High Court. for filing of anticipatory bail you need not be physically present before the courts.

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Answered on 10/16/07, 3:43 pm
Sudershan Goel India Law Offices of Sudershan Goel - Advocate

Re: U/S 498 A and bail petition .

you can file an application for anticipatory bail before the High Court OR the Sessions Court. You are not required to appear personally for bail application purposes; after bail is granted, you will need to appear personally before the court as also before the police to join investigation as and when they may demand your presence.

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Answered on 10/16/07, 10:55 pm


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