ramu (s) 31 March 2011

498A NRI

Hi,My Cousin Brother is a Permanent resident(green card) of Australia & lives in Australia.

My Brother has married in church in April'08 and he applied spouse visa for his wife and left Australia in May'08.while spouse visa in processing ,she went Australia in August'08 on visitor visa stayed there for 2 months and came back in November'08 as she was pregnant,and we dont know how she lost Pregnancy

in March'09 and even my brother came to know about this after 3 days she lost pregnancy.

My brother came to India and took her back to Australia in May'09 as she got Spouse visa by that time .

within 15 days in May'09 my brother's wife came to India saying home sick and she wants to visit her parents and she didn't gone back.

after 5 months in October'2009 she filed a FALSE case on whole family including my sister and Brother in law who live in USA and on my brother with 498A,323,406,509,police arrested and took my other sister who was doing masters degree,mother who is a Govt employee and father ,who was retired and put them in custody for 4 days.they are on bail now.

and she filed a maintenance case also in court recently,she is well qualified and was doing well paid job before marriage.

Old parents and unmarried sister has to attend court travelling 600KM every month in her city.Because of this mental tensions ,stress and Depression My Brother lost his job recently in Australia,

Next month in April'11 my Brother wants to come to India and settle the things,

what we have to do now? how to get anticipatory bail for him,what precautions he has to take,please help all the necessary things he has to do,

thank you,

regards

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4 Replies

adv. rajeev ( rajoo ) (practicing advocate) 31 March 2011

It is very easy to get AB because when the alleged offences are committed he was in austrila so produce the document and get bail for him, even he quash the FIR by filing a writ in the high court. It is better to challenge the FIR which is filed against all. It is said that 498A is legal terrorism.

aatma 31 March 2011

Ramu,

Have you ever searched what is IPC498A in the Google? If not do it now. You will find lot of information for your query. Most of the time ignorance of innocents is largely exploited by the police and judiciary in india. Don't be a victim of your ignorance!

Here I give you a startup information for your college going sister...

IN THE HIGH COURT OF JUDICATURE AT PATNA

Cr. Misc. No.24203 of 2010

NEETI RANI @ NEETI KUMARI, Daughter of Sri Ram Prabodh Sharma at present residing at House No.1386A, Sector-29, Faridabad, Haryana- 121008, whereas the ancestral house is situated in village-Mirupr, P.S. Sakra, District- Muzaffarpur .....Petitioner

Versus

1. THE STATE OF BIHAR &

2. Binita Kumari, D/o Sri Chandeshwar Prasad Singh, resident of village- Jadudharampur, P.S. Kanti, District- Muzaffarpur Opposite Parties -----------

3. 09.12.2010 Heard the parties. The petitioner has sought quashing of the order dated 14.12.2009 passed by the Sub-Divisional Judicial Magistrate, East Muzaffarpur, in Tr. No.2682 of 2009 arising out of Complaint Case No.1192 of 2009 by which he has taken cognizance under section 498-A Indian Penal Code and section 4 of the Dowry Prohibition Act.

The petitioner happens to be the unmarried sister-in-law of the complainant and it has been submitted and all along she was studying outside the State and, therefore, the present case is totally unwarranted.

Counsel for the opposite party no.2 submits that there is allegation against her and, therefore, she should be proceeded against.

Repeatedly this court and the Hon'ble Supreme Court has been stressing on the point that meticulous examination even at the stage of cognizance and issue of summons should be done in the cases of section 498-A Indian Penal Code so that the entire family members are not embroiled in unnecessary litigation.

In view of such, this application is allowed and the order dated 14.12.2009 passed by the SDJM, East, Muzaffarpur, in Tr. No.2682 of 2009 arising out of Complaint Case No.1192 of 2009, so far as it pertains to the petitioner only, is hereby quashed. The application stands allowed.

JA/- (Anjana Prakash, J.)