Hare Krishna
Follow the following steps:
1. First obtain anticipatory bail for accusation of rape through a lawyer from a sessions court of proper jurisidiction. If you have been alleged to have committed more than one non-bailable offence, then you need to obtain a separate bail or combined bail mentioning each non-bailable offence for which you need anticipatory bail. There cannot be a blanket anticipatory bail for all the non-bailable offence. Further, if more than one person is involved in such alleged offence, then each one need to take a separate bail.
2. collect all the relevant documents, data from the date your divorced wife started leaving with you.
3. If you have no previous accusation of similar offence or conviction, you may get the bail. because bail in case of non-bailable offence is purely at the discretion of the sessions or High court.
4. since alleged rape has taken place in 2008, and the complaint is filed in 2010, the court would be convinced of your argument of harassment by your wife, as in case of rape, the FIR is to be filed and the medical examination has to be conducted on the victim of rape within a reasonable time and a period of two years cannot reasonable be accepted as the reasonable time.
5. If you have done no offence, then do not fear.
Hare Krishna
P Shenoy
