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shafi ahmad (doctor)     29 September 2014

498a, 307, 325

 My younger brother was arrested by the police on the way while he was returning from his state government job place. We came to know that my wife has filed an FIR at the police station 4 months ago accusing that, me and my brother cornered her on the road and abused her along with demand of dowry. Its also written that i tried to strangulate her with my hand while my brother hit her with a iron rod on her head after which she lost conciousness and was taken to the police station.FIR  u/s 498, 307. 325 says that she was taken to the police station by the local people although all the 3 witnesses in the FIR are people from her side known to her. The injury report is from a local private hospital which doesn't state the time of injury and details of the injury including depth, length and breadth of the cut on head but has stated that it is grievous injury.It also doesn't include any investigation like x ray or CT scan before labelling it as head injury and there are no details of the treatment including any hospital admission.Based on these evidences, the sessions court rejected the regular bail petition of my brother although it has observed that the injury report is not good in terms of details. I have got arrest on arrest after moving Ab petition.

We have moved to the high court for bail application of my brother and waiting for our hearing. I wanted to know from the experts that how are the chances of getting bail from the high court specially under section 307. Is there anything, we can do to increase the chances of bail.

I was married in 2010 after which she spent one year with me and since then she is at her home.Her main demand is to live separately at her parents house. Last year, she filed a private complaint case in magistrate court in which  it took cognisance in 498 against my whole family. Later, High court quashed the cognisance  against all the family members except me and case is now referred to mediation centre. We have also filed RCR which has sent several notices which she has not responded.



 13 Replies

shafi ahmad (doctor)     30 September 2014

Is there any learned lawyer to help a common man like me by his/her valuable advice? I read so many posts in this forum  and found the advices of many lawyers very useful.

thank you

R.SHAH (OFFICE STAFF)     30 September 2014

first of all, seek bail and get out your brother.

just study well the FIR and prepare it's answer para wise and recall all yours memory to answer / denied all false allegation on it with substantail evidence to convince judge for bail. 

get a good lawyer,

do not depend on lawyer that he will comes with full preparation of the case to argue the matter, yourself study the case and try together all documentary evidence and as you said medical report also not in details, and convince that grevious injury needs alteast 24 hours admission but in your case after first aid treatment private hospital discharge her it's evident that it's  a simple injury and case is fall u/s 323 or atmost u/s 324IPC. 

pls refer IPC section of each which is levelled against you to understand when it's applicable and upon whom from internet.

try to collect evidence that she is not stying with you all for so long and there i no contact with her and she stay far away from our place. at time of incident your brother is not in the incident place etc...

in 498a bail can be granted so now a days informant lady and executives try to booked serious sections so getting bail get difficult and later on if IPC is reverse to simple offence investigating officer won't get any punishment.

submits that already she has file 498a case against yours & family but high court discharge the all others except you, how two 498a case is possible on same husband by same wife. submit you have file RCR also. and husband and brother how they will demand dowry on the road and while hitting her people gether they are her interested witnesses, if so then there intereference also should be there in FIR that her side reltives also try to stop us from demanding dowry.

proove that this is fabricated false story.

i will say that lawyers won;t work hard to study well, you is the best of all known except the laws but that doesn;t not matter you should stand beside your lawyer and help them at time of arguments.

shafi ahmad (doctor)     03 October 2014

Thank you Mr shah for motivating a common a man who doesn't know much about law.I was shocked after a sessions court rejected the bail petition as i thought that it will be easy to get bail because of the apparent false FIR and fake mediocre injury report.

Anymore suggestion?

Sudhir Kumar, Advocate (Advocate)     03 October 2014

You must engage local lawyer as remote help of this forum will be of limited use.

Biswanath Roy (Advocate)     03 October 2014

There are no hard and fast rules regarding grant or refusal of bail, each case has to be considered on its own merits..  The matter always calls for judicious exercise of discretion by the court.  Where the offence is of serious nature viz., sec307 IPC , the court shall decide the question of grant of bail in the light of such considerations as the nature and seriousness of the offence, character of the evidence, circumstances which are peculier to the accused a reasonable possibility of presence of the accused not being secured at the trial and the reasonable apprehension of the witness being tampered with, the larger interest of the public or such other similar considerations. Bail from the High Court against allegation u/s.307 IPC is not a easy task so unless you engage a Senior Counsel in Criminal Laws having outstanding Court practice.there is hardly any chance of  success.  But you need not to be worried for because from the given facts what I understood allegations u/s.307 IPC  have some legal lacuna which will be in your favour for acquittal.

Pappu (Victim)     04 October 2014

I agree with Mr Roy. Based on my experience, it is a little tricky to get bail from higher court. You defintely need to have a senior counsel. They are more expensive though. Or else your lawyer needs to point out apparent contradictions, have past judgements ready at hand and most importantly be ariculate and confident.

Worst case scenario would be try regular bail --> on failure  keep applying  based on any changed circumstances 

T. Kalaiselvan, Advocate (Advocate)     04 October 2014

You may have to move the high court for bail for your as well as for your brother.  Firstly be frank that whether you inflicted the injuries on her or not?, if yes, then you donot deserve any advise in this forum, if no, then better engage a prudent lawyer practicing in high court and follow his advises.

shafi ahmad (doctor)     06 October 2014

@ Mr T.Kalaiselvan.... Sorry for not expressing myself clearly.....I am a doctor with al my family members well educated.I or my brother or any of my family member have never inflicted any injury to her. Forget getting physical with her, She is not living with me for last 3 years and me or my family members.We have not even met her or spoken to her even on the phone during this period. I have lodged RCR for last 2 years along with information petiiton but that she is not living with me. We tried to persuade her to come back but there is no interest from her side. During last one year, she has responded to our reconciliation measures with lodging first a complaint case 498a against all family members in which we evaded the arrest by getting anticipatory bail and later on the cognisance was quashed by the high court. Having failed to humiliate us , she lodged again 498a with story of inflicting injuries and 307 clubbed with it.We didn't knew about the case and police arrested my brother while he was returning home from job. I as a common man feel that this is mockery of the legal system as even if you don't even meet someone police can arrest you by having false witness and false injury report. Is it so easy to get someone arrested and keep in jail for months.? I didn't first believe the lawyers when they told me that it is very difficult to get bail in 307 as the case was apparently fake, but after more than a month of struggle in court and bail rejection in sessions court.I strongly now believe that it is indeed difficult to get bail in 307 but it's easy to get someone arrested in 307 and keep in jail for months.

T. Kalaiselvan, Advocate (Advocate)     07 October 2014

Without giving proper details, you are always likely to get improper or very little opinion to your query.   Now you have come with the details, which you could have made known in the beginning itself to avoid embarrassing replies.

Well, it is not mockery of system, it is because of some corrupt police officials who dance to the tunes that the consideration in their hands dictate.  From your query it appears that the wife side will go to any extent to see you people troubled and harmed either legally or otherwise.  If the bail application was dismissed in the sessions court, you may move high court with fresh bail application, first somehow get your brother enlarged on bail by pressing into service the order on quash petition on her 498a application made earlier along with other circumstantial evidences.  Better engage a prudent lawyer at High court to take up your case.

shafi ahmad (doctor)     07 October 2014

I have engaged a lawyer at the High court but waiting for the mentioning and hearing  of the regular bail petition for last 20 days. My lawyer informed me that it is normal to wait 2-3 months before the case is taken. Is there no method to get things going faster in high court?

Sudhir Kumar, Advocate (Advocate)     07 October 2014

can file urgency petition.  chances are not much.

R.SHAH (OFFICE STAFF)     08 October 2014

my i m not a lawyer, but i have fight for 498a case and get acquittal after 8 yrs.

seen and stand besides my lawyer in every date.

it's true now you will get bail from high court for which you have approach. and now your money drain from pocket. this is what opponent wants physical, mental and financially loss.

asked your advocate to get short date and disposed off the petition at earliest mentioning the urgency and falsely detained the accused in fabricated false case.

you can also file case upon the investigating offcier after you brother get released on bail and high court remark that wrongly detained and no primafacie. case u/s 307 is made out etc..

you just search jufgemtns in www.indiakanoon.com or on goggle for related judgments, on IPC 307 etc..for bail allowed in such section etc...

reading of judgments gives you much idea that how high court allow pettion/released accused/quased case etc... on want of evidence in there finding judgemnts which are according to crpc. and then gather the evidence in form of doucmentary etc.. and sits with your lawyer for discusstion and strategy and stand on coming dates. start your home work from now for next date for released of your brother. take prints out og those judgment whihc is applicablt and favout in your case and show to your lawyer.

as i said you lawyer of high court are so busy and might they won;t have that much time to go thru your case paper in detail and asked there juniors to prepare it.

i will add much more after looking that you have gone into reading those judgment.

Nitish Banka (lawyer)     24 December 2017

Posted by: nitish788  Categories: Uncategorized 


Anticipatory bail in 498a /406 offences.

The Supreme court quoted that the sections under 498a and 406 under the Indian penal code are widely misused and for no reason the husband and family members are prosecuted and jailed thereby tarnishing the reputation of the family the sections are exactly termed as “legal terrorism”.

Image result for 498a


The supreme court in recent judgement of Arnesh Kumar Vs. State of Bihar has made mandatory compliance of guidelines

All the State Governments to instruct its police officers not to automatically arrest when a case under Section 498-A of the IPC is registered but to satisfy themselves about the necessity for arrest under the parameters laid down above flowing from Section 41, Cr.PC;

All police officers be provided with a check list containing specified sub- clauses under Section 41(1)(b)(ii);

The police officer shall forward the check list duly filed and furnish the reasons and materials which necessitated the arrest, while forwarding/producing the accused before the Magistrate for further detention;

The Magistrate while authorising detention of the accused shall peruse the report furnished by the police officer in terms aforesaid and only after recording its satisfaction, the Magistrate will authorise detention;

The decision not to arrest an accused, be forwarded to the Magistrate within two weeks from the date of the institution of the case with a copy to the Magistrate which may be extended by the Superintendent of police of the district for the reasons to be recorded in writing;

Notice of appearance in terms of Section 41A of Cr.PC be served on the accused within two weeks from the date of institution of the case, which may be extended by the Superintendent of Police of the District for the reasons to be recorded in writing;

Failure to comply with the directions aforesaid shall apart from rendering the police officers concerned liable for departmental action, they shall also be liable to be punished for contempt of court to be instituted before High Court having territorial jurisdiction.

Authorising detention without recording reasons as aforesaid by the judicial Magistrate concerned shall be liable for departmental action by the appropriate High Court.

We hasten to add that the directions aforesaid shall not only apply to the cases under Section 498-A of the I.P.C. or Section 4 of the Dowry Prohibition Act, the case in hand, but also such cases where offence is punishable with imprisonment for a term which may be less than seven years or which may extend to seven years; whether with or without fine.

But once FIR under 498a/406 is registered the apprehension of arrests looms even with the guidelines and safeguards as to be mandatory implemented by police. The police can follow the guidelines and can arrest the person . still the offences are non-bailable and possibility of an arrest looms on the person.

But generally the trend in court is that the anticipatory bail is granted in the cases of matrimonial offences under the penal code but very strict conditions are imposed these are-:


  1. Return of dowry articles

As held in Vijender sharma v. state Anticpatory Bail was granted subject to the conditions that the petitioner will return all the gold/silver jewelry articles still in his possession to the complainant before the concerned SHO.  petitioner will deposit a sum of Rs.1 lakh additionally with the Registrar General of this Court in the name of the complainant, which amount shall be disbursed subject to the outcome of the trial of this case. The petitioner will join investigation as and when required and would not intimidate the witnesses.

2. By giving maintenance amount and returning jewelry

As held in Dr. Sunil Kumar V. State

With consent of parties, afore-noted applications are disposed of with the following directions:

(a) Rajesh would replace all the cheques which he has issued in the name of Shalini Arya pursuant to orders passed by learned Metropolitan Magistrate in the proceedings under Protection of Women against Domestic Violence Act, 2005 by issuing cheques in the name of ‘Shalini’. This would be done within a week from today.

(b) Photocopies of the medical treatment of Baby Bhavishika would be handed over to Rajesh. Rajesh would be entitled to consult a reputed cardiologist and future medical treatment of Baby Bhavishika would be borne by Rajesh.

(c) Future medical of Shalini pertaining to treatment for tuberculosis by her would be reimbursed by Rajesh on the bills being furnished by Shalini to Rajesh.

(d) Rajesh would continue to pay to Shalini Rs. 10,000/- per month or such other amount as may be directed to be paid by the learned Metropolitan Magistrate in the proceedings under Protection of Women against Domestic Violence Act, 2005 by means of a cheque payable in the name of ‘Shalini’.

(e) Rajesh would facilitate visit by the I.O. in company of Shalini to his house for opening the almirah in which cloths and jewellery of Shalini are stated to be kept. Shalini would be permitted to take possession of the same after an inventory is prepared.

(f) All the petitioners would cooperate with the I.O. in the conduct of investigation.

On compliance of afore-noted consent directions, in the event of arrest, petitioners would be released on bail by the I.O. on their furnishing a personal bond in the sum of Rs. 10,000/- each with one surety each in the like amount to the satisfaction of I.O.

18. It is made clear to Rajesh Arya that any violation of the terms of the consent directions would render liable to be withdrawn the benefit of the present order.

3. Bail without any condition of return of dowry items

In Vishal Arora V. state 

In my opinion, the petitioner cannot be denied bail on the ground that dowry and jewellery of the complainant has not been returned so far. The learned counsel appearing on behalf of the petitioner has taken a stand that the entire dowry and jewellery has already been returned to her. There seems to be a dispute between the parties on this aspect. If her dowry and jewellery is not returned, then she may take proper proceedings before the competent Court for return of dowry and jewellery as per law.

In the facts and circumstances of the case stated above, it is ordered that the petitioner may be released on bail in the event of his arrest on his furnishing bail bonds in the sum of Rs.20,000/- with one surety in the like amount to the satisfaction of the arresting officer. Thepetitioner is directed that he shall participate in the investigation as and when called by the Investigating Officer. In the event the petitioner fails to participate in the investigation, then the State will be at liberty to apply for cancellation of his bail.

4. Bail as contents of FIR are vague

In the present case of Pavitra Uraon And Ors. vs State Of Chhattisgarh, if we consider the contents of the FIR, lodged by the complainant on 24-1-2007, it shows that she was being treated with cruelty by the applicant on account of demand of dowry. However, the specifications regarding dowry are vague and general pertaining to the items etc.

5. Complainant residing in matrimonial home

 Proceedings under Section 498A/406/34 IPC are not to be converted into recovery proceedings. However, it is the desire of a Court to try and ensure that matrimonial disputes are resolved. Attempts were made in the present case in this direction, but unfortunately have failed.

Considering the fact that the complainant is still residing in the matrimonial house, but in a separate portion thereof and the fact that she and her children are otherwise being provided with maintenance by the petitioner No. 1, I am inclined to admit the petitioners to anticipatory bail as prayed for. It has to be additionally noted that the petitioners have cooperated with the investigating officer during enquiry. Since 6.2.2004 petitioners are under interim protection.

Petition stands disposed of with the direction that in the event of arrest, on petitioners furnishing a personal bond in the sum of Rs. 5,000 with one surety in the like amount to the satisfaction of the Arresting Officer, petitioner would be released on bail


Generally the bail in matrimonial proceedings are easy but may come with stringent conditions. the Anticipatory bail in cases of 498a/406 are granted easily these days and conditions depends on facts of each case.

Adv. Nitish Banka


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