Anticipatory bail for the relative of the woman

Querist : Anonymous (Querist) 02 May 2010 This query is : Resolved
I live in joint family and in remote area with my father and brother. Few days ago my sister-in-law left home without informing us and started living with their parents.The parents of the girl had threatened that they will going to file the false FIR against all the family members. Now we are fearing that we will may get arrested if they file the FIR against us under section 498-A of IPC or other relevant provisions

Please inform the remedy in such cases in order to avoid arrest
Please inform whether the Anticipatory bail can be filed if the FIR is not registered?
or shall we immediately proceed for Anticipatory Bail even without the FIR as the offence is non-cognizable and the police will immediately arrest me and my family members on filing the FIR?

Please provide the very brief model of the bail petition that can be formatted?

Thanking you

Follow Query

Report Abuse

deepak kumar (Expert) 02 May 2010
if FIR is not lodged then there is no apprehension of arrest therefore Anticipatory bail is not maintainable.
Remedy will be suggested after you decide whether you all want to restore good feelings with the girl and keep her or whether you want to sever your ties with her

Guest (Expert) 02 May 2010
NANDKUMAR B.SAWANT.M.COM.LL.B.(MUMBAI),ADVOCATE
MOBILE.9271971251
e.mail.adv.nbsawant@yahoo.co.in
e.mail.nandkumarbs@sify.com

REGARDING ANTICIPATORY BAIL AND ARREST KINDLY NOTE THAT

1.YOU MAY FILE AN APPLICATION FOR ANTICIPATORY BAIL AT THE DIST AND SESSIONS COURT/HIGH COURT OF YOUR AREA WHERE THE MARRIED COUPLE RECIDED AFTER MARRIAGE.OR AT THE DIST AND SESSIONS OR HIGH COURT AT PLACE OF RESIDENCE OF YOUR BROTHERS WIFE.
2.PLACE OF OFFENCE ,IS DECIDING FACTOR TO FILE A COMPLAINT CASE.
3.THE COURT WILL CALL SAY OF STATE ,POLICE AND IN CASE ANY COMPLAINT IS REGISTERED THEN UP ON HEARING BOTH THE SIDES COURT MAY ALLOW OR REJECT THE APPLICATION.AAAAAAAAAAAA
4.BUT IF F.I.R. IS NOT FILED ,YOU MAY STRONGLY ARGUE YOUR CASE AND SUBMIT ANY DOCUMENTARY EVIDENCE OR PROOF THAT YOU HAVE REASONABLE APPREHENSION OF ARREST DUE TO FILING OF FALSE CASE.THEN IN SOME DESERVING CASES COURT MAY ALLOW APPLICATION BY ORDERING POLICE OFFICER TO ISSUE NOTICE OF CERTAIN DAYS SAY ONE WEEK IN CASE ANY F.I.R. IS FILED BY SAID COMPLAINENT SO THAT YOU MAY APPROACH THE COURT FOR ANTICIPATORY BAIL.

WE HAVE OBTAINED SOME ORDERS LIKE THAT.PLEASE NOTE.
IN CASE YOU NEED ANY FURTHER HELP YOU MAY WRITE OR CALL.
THANKS.

nidhi kalia (Expert) 02 May 2010
IF FIR NOT LODGED AGAINST U & UR FAMILY. U CAN'T TAKE ANY REMEDYFROM COURT.ANTICIPATIORY BAIL IS NOT MAINTAINABLE WITHOUT LODGED ANY FIR.THIS IS THE SUPREME COURT STRICTLY DECLAIRED.IF U WANT ANY HELP CONTACT ME ON 9717138381

G. ARAVINTHAN (Expert) 08 May 2010
Better initiate conciliation proceedings with friends and relatives.

Dont think Anticipatory bail will give bad feeling, you can very well obtain it on apprehension

Previous

Next

You need to be the querist or approved LAWyersclub expert to take part in this query .

Click here to login now

Similar Resolved Queries :

Ask Query
Unanswered Queries