Anticipatory bail in 498a

Originally posted by : pardeep kumar
	Respected members. Wanted to know what is the provision of anticipatory bail in noida utter pardesh. What is the stay on arrest . How to avoid arrest in case wife files case..I live in noida and is in fear of 498a and 406 filling against me by my wife.Thanks in advance.

you don't need to be scared . SC already ordered " No automatic arrest without permission of magistrate" For the sake of peace of mind you can file anticipatory bail (after she file FIR) in session court, Person applied for AB need not to appear unless called by court , Gerenally courts calls the husband for the purpose of mutual settelment.

Below link for complete judgement of SC 

https://judis.nic.in/supremecourt/imgs1.aspx?filename=41736

SIR,

KINDLY NOTE THAT.

1. ANTICIPATORY BAIL APPLICATION CAN BE FILED UNDER SEC. 438 OF C.R.P.C...IN SESSIONS COURT / HIGH COURT HAVING AREA JURISDICTION WHERE ALLEGED COMPLAINT IS FILED BY WIFE.UNDER SEC. 498A AND OTHER PROVISIONS.

2. YOU MAY MENTION FACTS OF THE CASE FROM THE DATE OF MARRIAGE AND PLACES WHERE MARRIED COUPLE LAST RECIDED, AND ALSO MENTION GROUNDS AND APPREHENSION OF ARREST, THE SAID COURT WILL CALL SAY FROM THE RELEVENT POLICE INSPECTOR AND PASS JUST AND PROPER ORDER . YOU MAY ALSO PRAY FOR AD-INTERIM RELIEF WITH REFERENCE TO SAID JUDGEMENT OF SC. IN ARNESH KUMAR CASE.

3. IT IS ADVISIBLE TO SEEK PREARREST /ANTICIPATORY BAIL TO AVOID INCONVENIENCE AND DEFAMATION TO THE INNOCENT FAMILY MEMBERS OF THE HUSBAND. GOOD LUCK.

WITH BEST REGARDS.

N.B.SAWANT.,M.COM.LL.B.,ADVOCATE HIGH COURT, MUMBAI.