498a/503/323
Rahul Sharma
(Querist) 22 May 2015
This query is : Resolved
My brother’s wife lodge a FIR on 06-05-2015 u/s 498A, 406, 323,506 against my brother & parents and in response to this we have filled the anticipatory bail application to session court in which my parents got the same but we have moved to high court for brother.
Before lodged of FIR, we have already filled the divorce case in March’15 at session court and habeas corpus at high court against sub-inspector at woman cell who were forcefully took the children.
JFYR, my brother’s wife had left home in jan’15 and living behind two children but they tool forcefully in April’15 against which we have filled habeas corpus.
Now, I have following question :
• My brother’s wife suffering from schizophrenia (Mental Problem before marriage)
• Is my brother will get the anticipatory bail from high court.
. what is the procedure after getting the AB. will IO call us or we have to go to Police station.
Nadeem Qureshi
(Expert) 22 May 2015
Dear Querist
your brother may get the bail so no need to worry.
If IO need to arrested then only the surety will be filed before IO otherwise no need to go to police station.
io has to issue a notice first then your brother should appear before IO.
Jeetender Gupta
(Expert) 23 May 2015
Once anticipatory bail granted you will be required to visit police station as & when IO informs you & not otherwise. You must do that even on response to a telephonic call.
Jeetender Gupta
(Expert) 23 May 2015
Once anticipatory bail granted you will be required to visit police station as & when IO informs you & not otherwise. You must do that even on response to a telephonic call.
Devajyoti Barman
(Expert) 23 May 2015
In 498A case anticipatory bails are routinely allowed now.
After it , you have to go to court for regular bail. I am not aware of practice of visiting IO, at least in WB there is no siuch practice.
malipeddi jaggarao
(Expert) 23 May 2015
You might already engaged a local advocate. You can rely upon him for further actions. To your specific questions:
1. It is a point to be considered in divorce petition.
2. There is no need to visit the IO after obtaining the AB unless you are required by him.
Rahul Sharma
(Querist) 23 May 2015
Respected all member,
Thanks for your reply and my brother got the anticipatory bail from Chandigarh High court.
Notice of motion is fixed on 10-08-2015, what is it mean.
I hope now police can’t arrest my brother but are we still depend on the report of investigating officer.
SAINATH DEVALLA
(Expert) 23 May 2015
What is the status of the habeas corpus filed?
Rahul Sharma
(Querist) 23 May 2015
Dismiss by high court by ordering that children with mother does not cover under illegal custody.
SAINATH DEVALLA
(Expert) 23 May 2015
But when U very well knew that the children were under the custody of their mother,why did U file habeas corpus?
Rahul Sharma
(Querist) 23 May 2015
Because children are forcefully took under the supervision of police. And the same advice by our lawyer.
T. Kalaiselvan, Advocate
(Expert) 26 May 2015
It was a wrong advise or guidance by your lawyer to file a haebus corpus petition. The high court rightly dismissed the petition. However, your brother may get the AB because the latest supreme court judgement will be in his favor in this event.
SAINATH DEVALLA
(Expert) 26 May 2015
Thats the problem with these people who are mostly misguided by litigant lawyers.Any wrong step will weaken the case and the ultimate sufferer is the respondent.AB is a possibility.
