want to know the that i can get anticipatory bail from HC
Binod Kumar Mishra
(Querist) 22 February 2009
This query is : Resolved
sir,
please let me know that whether i can get an anticipatory bail from High Court at Ranchi under section 498(A) and 3/4 of DP Act which has been filled by my wife to a counter blast to my divorce petition. she has filled the case on false allegation and after 2 and half months from filling of my divorce petition. our reconcilliation had failed and the witnesses were to be examined from next date. my relatives had got Anticipatory bail from Hon'ble High Court at Ranchi and now i have applied for the same. one more things if i can't get the AB from High Court will i get it from apex court. please send me some orders of HC or Apex in AB matter relating to husband. waiting for a quick response sir as i am seeing that my case will be listed by wednesday next.
PALNITKAR V.V.
(Expert) 22 February 2009
You will get anticipatory bail only if your custodial interrogation appears to be unnecessary and there seems no apprehension that you would tamper with the evidence.In fact the Courts use the discretion depending upon the facts and circumstances of each case. If HC refuses your request you may approach SC
Srinivas.B.S.S.T
(Expert) 22 February 2009
Throughly explained by Palnitkar Sir. I am of the opinion the the HC will give a direction to surrender before the trail court and obtain regular bail.
AEJAZ AHMED
(Expert) 22 February 2009
Dear Mishra,
Mr. Srinivas is right, H.C can direct, for issue directions for surrender bail on 'Same Day'.
I think, for this case of 498-A, no need to go for Anticipatory Bail upto SC.
Binod Kumar Mishra
(Querist) 23 February 2009
i have given two informatory petitions for their act under section 39 and later on filled the diroce petition on 22.08.2007 and to counter this my spouse have filled a case under section 498(A). the case of divorce is on witnesses. she is getting maintainance from me. apart from the above facts and your views are this that i have to surrendered and at least go to jail for sometime. i am also a govt. servant. apart from this i will not get my anticipatory bail.
B.B.R.Goud.
(Expert) 23 February 2009
Mr Binod Kumar,
i do agree with learned friends rakhi Palnitkar, Srinivas and Aejaz Ahmed
Rajesh Kumar
(Expert) 23 February 2009
Sometime you have to suffer for being a man, for maintaining your wife, for givng maintenance to her even after divorce. Men are suffering because they are not opposing this tyranny of law.
Kamlesh soni
(Expert) 23 February 2009
Mr. Srinivas is right
A. A. JOSE
(Expert) 26 February 2009
I agree with Mr.Palnitkar.
Binod Kumar Mishra
(Querist) 27 February 2009
above all the time has come to watch what Hon'ble court is going to say tomorrow. tomorrow my case is being heard at Ranchi. i thought how man are bound to being played in the hand of 498(a) wifes with emotional support and help from the judiciary in India is a matter to be pounder. is this right.
Hiralal Das
(Expert) 05 April 2009
I do agree with the valuable opinions of the learned members. Thanks all of you.
