(Guest)

Anticipatory bill in dowry case

Dear Experts,

I am from Punjab and my wife has loadged a false complaint for demanding dowry and Domestic voilence against me and my old mother (65 yrs), though she never lived with my mother. We were staying in Gurgaon from last 1 yrs 3 months. She never stayed with me in my parental house. Now just after my father's death (which happened because of tensions created by her in home) she has lodged a complaint with local Police station.

Situation as of Now:-

Local police called us for investigation and my mother got seriously sick after listening this. She was admitted to hospital and was there for 3-4 days. I informed the local police that i will not be able to join the investigation cos my mother is sick. They said OK. Meanwhile, our lawyer filed a AB even before the investigation started. Court ordered local Police station to bring the report what is ongoing on this stage in this case. They sent one HC and he told there that the accused and his mother i.e me and my mom has not joined the investigation yet. So, the Session court passed the order to 1st join the investigation in next 2 days and then local police will send the report on 21st Sep 2012 i.e today. Now we joined the investigation as ordered by court in 2 days and today local police will go to court and will tell them that we have joined the investigation already.

FYI, we have been called for investigation only once by police.

Now my question is:-

1. Will court pass AB today for me and my mom ?

2. What is interim relief and do we need to fill any bail bonds today ?

3. Can we apply for regular bail today. If yes, is it good to apply before any FIR is lodged ?

4. Will court pass any order to local police to provide us some days notice, before any arrest is made after lodging any FIR ?

5. Any other thing u can guide me on this, will be great.

Thanks,
Mani

Reply Follow

4 Replies

sridhar pasumarthy (ADVOCATE) 21 September 2012

1. At the time of hearing AB application, file a medical certificate mentioning the health condition of your mother. Also file an address proof to show that your mother was not living with your couple prior to the date of offence. Chances are many for your mother to obtain Anticipatory Bail. Coming to you, if the court satisfies that you have been co-operating the investigating agency, there will be chances for granting bail. It is purely within the discretion of the court.

2. Suppose, if the hearing is adjourned due to any circumstances like non-production of case diary etc., court may grant interim bail till disposal of the AB application. Generally, no bail bonds are required for interim bail.

3. one can't apply regular bail unless he is arrested.

4.No

5. Anticipatory Bail is the only option left to you at this stage.

(Guest)

Dear Mr.Sridhar,

Today court has passed an order that, in curent situation there is no FIR lodged so far, so police will notify us in 4 days advance after lodging a FIR and before they arrest us.

This order has been passed for my mother, me and other 2 family friends who all have been implicated falsely in this case.

Now what should be our next step ? Should we apply for regular or interim bail now ??

1. Actually, i am not sure what is regular or what is interim bail. Could you pls guide me.

2. Will police continue investigation ?

3. But today my wife reached the court and she tried that bail did not gets granted. And then she went to meet DSP who is with them.

Now i am not sure what should be our next step ?

Regards,
Mani