galsober@yahoo.co.in (def) 14 November 2008

anticipatory bail

Husband & wife married for 5yrs, one kid3yrs old. Husband belongs to cityA & wife to cityB. Marriage conummated at cityB & husband tried to settle at cityB only. Due to interference by in-laws & abusive nature of wife, husband left cityB to settle in cityA. He wants to keep wife with him but she preferred to stay back with her parents along with the kid.
Now, as usual, the inlaws are threatening him with false cases under 406, 498A lest he should return back. Husband wants anticipatory bail. What is the normal procedure of getting 3/5 days notice period issued from court before possible arrest. Can he move anticipatory bail petition from cityA or is it necessary to get it from cityB? Its almost sure that wife will move complaints 406/498 from cityB only.
kindly help asap

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7 Replies

K.C.Suresh (Advocate) 15 November 2008

S. 438 Cr.P.C is the relevant section for Anticipatory bail. You can move to HC or District and sessions Court for AB. Only all these happens only when you apprehend arrest ion accusation of having committed a non-bailable offence.

SHEKHAR MISHRA (public servant) 15 November 2008

go for reconciliation.

N.K.Assumi (Advocate) 15 November 2008

Aspointed out by Suresh ji, move the Session Court first under 438 CrPc.

jatin sharma (LAWYER) 16 November 2008

hi frend

u can file a bond undre sec 438 of cr.p.c and attach a application with it. mention all the facts of matter in application. u could applies it first in session court if he rejected ur bail than u can apply in high court of ur state .i suggest u conslute with competent advocate he will asisst u in that matter ok

ASHUTOSH (lawyer) 17 November 2008

Dear Friend Husband has 2 remedy first he can move advace bail in the juridection where the complaint and fir as or will lodge second he can move application where he reside and move application for bail tha is called transit bail if he get trasit bail then also he has to aproach court where fir was lodge and some time courts give direction to the I/O if you have to arrest husbabd give him 7 dau or like notice to pre arrest. hope ur query will solve. if and dout

hassel free ask

Ashutosh (adv)

Delhi High COURT