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SAMEER AZAD (System Administrator)     06 April 2010





My brother is an airmen working in Air Force posted to Tezpur (Assam). He got married on 17 Jan 2006. I am writing you the request for your valuable suggestions for following reasons:-

1.         During presiding years, married life of Bhaiya- Bhabhi was not good and she used to go to her parental home on silly and petty issues and overstaying was her usual behavior. She stayed there at least two-four months continuously.

2.                  At Pune on 26 Feb 2008 she left service quarter with her father without any intimation to my brother. At that time he was away to Nasik on official duty of Indian Air force. My brother failed to convince & bring her home back.

3.                  Bhaiya filed a case of Restitution of Conjugal Right u/s 7(a) of the Family Courts Act 1984 before the District Judge cum Family Court Giridih on April 2008 and appealed for restrictions to his in-laws interfere and to get Bhabhi back. At present conjugal right case is ordered for ex-party decision as she does not appear.

4.                  After 9 Months, Notice was released from the court. On receiving Notice she reacted with petition for Maintenance u/s 125 of Criminal Procedure Code before the Family Court Dhanbad & another case u/s 323/498A/406 of IPC & u/s 4 of Dowry Prohibition Act before Chief Judicial Magistrate Dhanbad.

5.                   Along with the above Bhabhi filed a transfer petition at high court Ranchi to transfer the case from Giridih District to Dhanbad District. Connected to same Bhaiya undergone counseling at high court, there Bhabhi refused to come with her husband in writing.

6.      We have already received the notice from the Dhanbad court against 498A and Maintenance case. After the receipt of the notice we have applied for the anticipatory bail before the Court of Additional session Judge, Fast track court No. 1st,Dhanbad for my Mummy and Papa. At this level the bail is disposed off with following statements:-

I have heard the argument and perused the record, from perusal of the record it appears that in the complaint petition there is specific allegation against the present petitioner regarding demand of dowry. The petitioner are the father in-law and mother in-law of the complainant and it has been disclosed in the complaint petition that the petitioners have also demanded dowry and when they have went to  Pune where husband of the complainant was working. The petitioners have demanded money. However no evidence has been brought on record by the complainant that she was given any physical torture. In the given circumstances the petitioner is directed to surrender before the court concerned who shall consider the bail petition on merit without being prejudice to the order passed in the present anticipatory bail petition. With the above observation present anticipatory bail is disposed off. (Dict.)


Can they get Anticipatory Bail from High Court?

As Bhaiya is an Airman, can service of summons apply as per order 5 rule 28 of the Civil Procedure Code (Refer AF Regulation Ch-XVI P-821) on him?

If possible kindly let me know what he can do as per First Schedule to the code of Civil Procedure 1908, Order V, Rule 28 & 29 and Order XXVII, Rules 1 to 3.




 3 Replies

adv. rajeev ( rajoo ) (practicing advocate)     06 April 2010

instead of going to the high court for anticipatory bail you can try it in the lower court by surrendering before the court, but court has observed in it's order that there is no sign of physical torture but it hasn't been wishpered about dowary demanad.  So it is better to approach the high court.

SAMEER AZAD (System Administrator)     06 April 2010


As my bro is an air force employee (under Air Force Act 1950) as per order 5 rule 28 of the Civil Procedure Code (Refer AF Regulation Ch-XVI P-821) as per this act summon may reach to his commanding officer of the unit concern. May he wait for notice at unit then apply for bail or directly seek the bail as an civilian. 

If he may surrender before the court while he is on leave. Can court take him on custody without intimating to competent authority of the Air Force.

aditya vadali (LAWYER)     22 April 2010

Hello friends,

For getting bail in 498A case, you need to move an application to the org. jurisdiction court stating that you will not disturb the investigation made by the police and will cooperate with the investigation and that you have not done any dowry harassment and also that you did'nt threaten the complainant/ wife.Further, you need to return all the gift articles given at the time of marriage.Court will also require

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