False case

Prasad (Querist) 06 November 2014 This query is : Resolved
This is for my brother . My brother works as software engineer in Bangalore . He went to Bangalore in 2007 and since then he is there . He is not married.

My brother stayed in rent house in 2007 . and has left that house to another house for less rent and again shifted from there to a another according to less rent and convenient of office . When he stayed in 2007 in a house that family -owner daughter complained to police that my brother married her in 2012 . police investigated the matter and has reported that it is false , Till now my brother nor this lady has married . We spoke to our lawyer who then went to her house for investigation and from that home her parents said they are not aware of any complaints that their daughter gave .Police have investigated case and found that it is false and by RTI act we got reports . Meanwhile a lawyer notice have been send to our home town which returned back as address not available .She demands a home or 35 lakhs for closing the case. Neither she has marriage certificate or any proofs to show and fake ration card was made and police investigated that too which was also found false ration card. Can we file a case for defamation in this regard . Daily one or another she is giving false complaints and making our life miserable . We are from poor family and mother aged 80 cant see these . please advice how to sort out or what to do

Now as on 10oct 2014

Contents of anticipatory bail

This petition is filed under sec438Crpc seeking to grant anticipatory bail to petitioner in an unregistered case for offence punishable under sec 420 417 crpc.

Though the case is not registered petition is entitled to grant anticipatory bail. The petitioner contended that the complainant case is petitioner married her . On the other side petitioner contended that he never married her. As the marriage is in dispute in the event of this petitioner arrested by police then he will be put to more hardship.

Here reference made by advocate for seeking anticipatory bail is

1 AIR 2011 Supreme court 312 ( sidddharam satingappa)

2 AIR 1980 Sc 1632 ( state of Punjab)

Lastly

petition is ordered to be released on anticipatory bail for offence punishable u/s 420, 417. This order shall be in force for period for 3 months--( 10 October dictated)

Now i am interested in knowing what will happen if after 3 months ( 3 December) , if it cannot be proved within this time

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Devajyoti Barman (Expert) 06 November 2014
The anticipatory bail now no more be limited to any particular period. The court seems to have been oblivious to this fact as prescribed by the supreme court.

Anyway surrender yourself in lower court on the basis of this order and get the bail regualrised. Thereafter no worry.