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NIKKY (CLERK)     27 April 2016

False fir in 498-a and 304 b

Dear Sir/Madam, 

I have already posted my query in which my two brothers were under police custody because the wife of elder brother hanged herself and committed suicide on 6th November'2014. PostMortum report shows no external injury. Their marriage was of 4 and half years. On her death her brother filed a case in which they reported that both my brothers asked dowry and misbehaved with her while there is no complaint registered regarding this. One of the two brothers got bail from Allahabad High Court in April'2015 but the elder one or husband is still under custody. 

On the other hand the case has been put on charge in fast Track Court in Muzaffar Nagar District but the main complainant is not coming for statement. Court has issued summons and warrant for them but no response from the other party. 

Both the boys and lady were present in the house at the time of incident. Their parents have already dead and two married sisters are out of station. At the time of marriage no exepnsive gifts were taken. It was a very simple marriage. 

Still no chances for Bail. Please guide what can be the best possible thing in this case!! 



Learning

 4 Replies

Sudhir Kumar, Advocate (Advocate)     28 April 2016

where is earlier post.

Sudhir Kumar, Advocate (Advocate)     28 April 2016

In 304B the cout has only to seek

  1.  if there is a marriage
  2. if marriage was not more thann 7 year old
  3. if there is a death of bride
  4. if death is under unatural circumsntaces (suicide in this case

then accused have to prove that it is not a dowry death or go in for 7 years.

all other facts are not of much relevance.

the complainant does not have to prove allegation of dowry demand.  accused has to prove absence of such.

concenerate accordingly.

Pawan S (Advocate)     29 April 2016

Let me know their ground for denying the bail.

 

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     04 May 2016

The accused is incarcerated for long time and the complainant is not coming for deposition should be ground enough for granting bail. However, you may have to move HC for grant of the same as trial court is generally reluctant to grant bail in 304B case.

Regards,

Shonee Kapoor

www.shoneekapoor.com 


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