kumar 20 June 2016

Apply for anticipatory bail when notice bail has been given

Hi Under sections 498a,406,377 and 34, my wife has filed a false case FIR with the Delhi CAW cell. My lawyer moved to get anticipatory bail before the FIR was filed under sections 498a,406 and 34(not 377). We managed to get the pre-arrest notice for my parents and siblings and since mediation was advised, I got a temporary no arrest till the next court proceeding. My questions: 1. Is there a need to file Anticipatory bail for my parents and siblings? (my lawyer said there is no need as Judge will ask whether any notice has been given from the police). What happens if we apply for it? 2. Can I get Anticipatory bail now? Should we include sections 377 also in the revised petition? I have already joined the investigations at the CAW cell and cooperating with the police.

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kumar 20 June 2016

Also, to add, the said incident of section 377 unnatural s*x is referred to in July 15 on the night of marriage and the complaint with the CAW cell was registered in Jan 16 alsmot 2 months after we parted. In between she tried to reach out to me stating that she loves me etc. and I have those Whatsapp messages. Would these things help me in getting the required Anticipatory bail? I was told by the police that she may get a fake medical certificate made and show that now in order to mae her case strong and that they could arrest me a the court order doesn't take into account section 377. Also, I was told that my lawyer can not save me as section 377 is also there.

My lawyer had told me that normally, between married couples, section 377 is not included in the FIR but there could be some influence that it is included now. As it is referred to a date almost a yer back from now, it can not be proved or disproved. Your advice is appreciated and thanked for in advance.