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a   02 July 2016

Help for 498a anticipatory bail

HI All,


Just two days back, I have received notice under 41A from Mumbai Police to appear in next two days for investigation. Now I’m looking to file anticipatory bail in Pune court because I’m staying in Pune. Currently I don’t have sufficient amount  in bank account to give lawyer. I’don’t want to beg to friends or relatives. I’m looking to file Anticipatory Bail application in person. I asked two three lawyer about fee. Fee of lawyer is huge. It’s around 25K to 30K which is huge for me.


Please let me know whether I can file anticipatory bail application in person or not. Also please share process to file anticipatory bail application. If you have sample draft, then it will get great. Please share me draft also on mydiaryabhishek@gmail.com.


I have filed voidable marriage petitioner against her in Nov 2016. In same month she filed Domsetic voilenace against me. After 1 year 7 months, now she give complaint of dowery against me, my sister and my parents.


Please answer my query immediately..  Please share your email id. I'll share documents and other details over email.






 7 Replies

Sidharth   02 July 2016

Contact legal aid service,  they will provide you free lawyer. 

KS Johal   02 July 2016

Please contact Legal Aid service they will help you and provide a lawyer free of charge. I agree with Sidharth's advice.

a   03 July 2016

Hi All,


Anyone know about "Legal Aid service" in Mumbai?..


I'm appreciating your response. Let me share complete story here.


I got married with a f* b* gal in June 2014. Just after two month of marriage (Aug 2014), She used my laptop and her password got save on Laptop. Then I come know about her three affairs and abortion Then quareel started between us. When I discueed with her, then she told me her lover left her and she wants to continue marriage. But due to daily qurrel, I have decided to go amicably for divorce. While quarrel was happening over phona, she was recording it. I didn't know about it. I came know in DV case later on.


When I asked for MCD amicably, then she left my home. When I sent voidable marriage notice in OCT 2014, then she filed domestic voilence case on me and my family in Nov 2014. Also she filed cyber crime case on me as I hacked her account in Oct 2014. I fought case on my merrit and her intrim maintenance got rejected in June 2015.


She appealed in session court to get intrim maintenance in June 2015. She made planning with Mumbai police after ten month, sent notice to appear in police station for cyber crime complaint and took statement in Aug 2015. When I'm looking to travel abroad, then I went in Police station regarding to know status of cyber crime complaint in June 2016 that time quarrel happend between PI and me. PI abused me a lot because I was asking about status of cyber crime complaint filed against me one year eight month (Oct 2014). Then I made his complaint to DCP and Mumbai commissioner. 


After that PI called f* b* and filed 498A after one year eight months in June 2016. Now if I will go in police station, then I'm sure that they will arrest me and my family because PI wants to take revenge of quarrel. Please suggest me best way now in this situation. Because I'm sure that me and my family will get arrest in next one or two days.


How I can stop my family arrest?  
what is process to stop arrest of my family members? 
How I can file statement without appear in police station?.
How to take anticipatory bell?


Please answer my query immediately..



Born Fighter (xxx)     03 July 2016

Yes you need a lawyer....

If you have complianed about the PI to his seniors then the PI needs to be out of his mind to arrest you if there are no concrete evidences under 498a.


Be strong and focussed, also do not mess with the police.You can put across your points to police in a better way without arguing/hurting their ego's,let ur lawyer do it for you

Rakesh gupta   07 July 2016

If you dont have sufficient money go to ploice station and get station bail which costs less compared to AB

anil   03 October 2016

Dear Friend what is the status now for your case any progress?

Nitish Banka (lawyer)     05 June 2018

Posted by: Nitish Banka  Categories: Uncategorized 


Anticipatory bail in 498a /406 offences.

The Supreme court quoted that the sections under 498a and 406 under the Indian penal code are widely misused and for no reason the husband and family members are prosecuted and jailed thereby tarnishing the reputation of the family the sections are exactly termed as “legal terrorism”.

Image result for 498a


The supreme court in recent judgement of Arnesh Kumar Vs. State of Bihar has made mandatory compliance of guidelines

All the State Governments to instruct its police officers not to automatically arrest when a case under Section 498-A of the IPC is registered but to satisfy themselves about the necessity for arrest under the parameters laid down above flowing from Section 41, Cr.PC;

All police officers be provided with a check list containing specified sub- clauses under Section 41(1)(b)(ii);

The police officer shall forward the check list duly filed and furnish the reasons and materials which necessitated the arrest, while forwarding/producing the accused before the Magistrate for further detention;

The Magistrate while authorising detention of the accused shall peruse the report furnished by the police officer in terms aforesaid and only after recording its satisfaction, the Magistrate will authorise detention;

The decision not to arrest an accused, be forwarded to the Magistrate within two weeks from the date of the institution of the case with a copy to the Magistrate which may be extended by the Superintendent of police of the district for the reasons to be recorded in writing;

Notice of appearance in terms of Section 41A of Cr.PC be served on the accused within two weeks from the date of institution of the case, which may be extended by the Superintendent of Police of the District for the reasons to be recorded in writing;

Failure to comply with the directions aforesaid shall apart from rendering the police officers concerned liable for departmental action, they shall also be liable to be punished for contempt of court to be instituted before High Court having territorial jurisdiction.

Authorising detention without recording reasons as aforesaid by the judicial Magistrate concerned shall be liable for departmental action by the appropriate High Court.

We hasten to add that the directions aforesaid shall not only apply to the cases under Section 498-A of the I.P.C. or Section 4 of the Dowry Prohibition Act, the case in hand, but also such cases where offence is punishable with imprisonment for a term which may be less than seven years or which may extend to seven years; whether with or without fine.

But once FIR under 498a/406 is registered the apprehension of arrests looms even with the guidelines and safeguards as to be mandatory implemented by police. The police can follow the guidelines and can arrest the person . still the offences are non-bailable and possibility of an arrest looms on the person.

But generally the trend in court is that the anticipatory bail is granted in the cases of matrimonial offences under the penal code but very strict conditions are imposed these are-:


  1. Return of dowry articles

As held in Vijender sharma v. state Anticpatory Bail was granted subject to the conditions that the petitioner will return all the gold/silver jewelry articles still in his possession to the complainant before the concerned SHO.  petitioner will deposit a sum of Rs.1 lakh additionally with the Registrar General of this Court in the name of the complainant, which amount shall be disbursed subject to the outcome of the trial of this case. The petitioner will join investigation as and when required and would not intimidate the witnesses.

2. By giving maintenance amount and returning jewelry

As held in Dr. Sunil Kumar V. State

With consent of parties, afore-noted applications are disposed of with the following directions:

(a) Rajesh would replace all the cheques which he has issued in the name of Shalini Arya pursuant to orders passed by learned Metropolitan Magistrate in the proceedings under Protection of Women against Domestic Violence Act, 2005 by issuing cheques in the name of ‘Shalini’. This would be done within a week from today.

(b) Photocopies of the medical treatment of Baby Bhavishika would be handed over to Rajesh. Rajesh would be entitled to consult a reputed cardiologist and future medical treatment of Baby Bhavishika would be borne by Rajesh.

(c) Future medical of Shalini pertaining to treatment for tuberculosis by her would be reimbursed by Rajesh on the bills being furnished by Shalini to Rajesh.

(d) Rajesh would continue to pay to Shalini Rs. 10,000/- per month or such other amount as may be directed to be paid by the learned Metropolitan Magistrate in the proceedings under Protection of Women against Domestic Violence Act, 2005 by means of a cheque payable in the name of ‘Shalini’.

(e) Rajesh would facilitate visit by the I.O. in company of Shalini to his house for opening the almirah in which cloths and jewellery of Shalini are stated to be kept. Shalini would be permitted to take possession of the same after an inventory is prepared.

(f) All the petitioners would cooperate with the I.O. in the conduct of investigation.

On compliance of afore-noted consent directions, in the event of arrest, petitioners would be released on bail by the I.O. on their furnishing a personal bond in the sum of Rs. 10,000/- each with one surety each in the like amount to the satisfaction of I.O.

18. It is made clear to Rajesh Arya that any violation of the terms of the consent directions would render liable to be withdrawn the benefit of the present order.

3. Bail without any condition of return of dowry items

In Vishal Arora V. state 

In my opinion, the petitioner cannot be denied bail on the ground that dowry and jewellery of the complainant has not been returned so far. The learned counsel appearing on behalf of the petitioner has taken a stand that the entire dowry and jewellery has already been returned to her. There seems to be a dispute between the parties on this aspect. If her dowry and jewellery is not returned, then she may take proper proceedings before the competent Court for return of dowry and jewellery as per law.

In the facts and circumstances of the case stated above, it is ordered that the petitioner may be released on bail in the event of his arrest on his furnishing bail bonds in the sum of Rs.20,000/- with one surety in the like amount to the satisfaction of the arresting officer. Thepetitioner is directed that he shall participate in the investigation as and when called by the Investigating Officer. In the event the petitioner fails to participate in the investigation, then the State will be at liberty to apply for cancellation of his bail.

4. Bail as contents of FIR are vague

In the present case of Pavitra Uraon And Ors. vs State Of Chhattisgarh, if we consider the contents of the FIR, lodged by the complainant on 24-1-2007, it shows that she was being treated with cruelty by the applicant on account of demand of dowry. However, the specifications regarding dowry are vague and general pertaining to the items etc.

5. Complainant residing in matrimonial home

 Proceedings under Section 498A/406/34 IPC are not to be converted into recovery proceedings. However, it is the desire of a Court to try and ensure that matrimonial disputes are resolved. Attempts were made in the present case in this direction, but unfortunately have failed.

Considering the fact that the complainant is still residing in the matrimonial house, but in a separate portion thereof and the fact that she and her children are otherwise being provided with maintenance by the petitioner No. 1, I am inclined to admit the petitioners to anticipatory bail as prayed for. It has to be additionally noted that the petitioners have cooperated with the investigating officer during enquiry. Since 6.2.2004 petitioners are under interim protection.

Petition stands disposed of with the direction that in the event of arrest, on petitioners furnishing a personal bond in the sum of Rs. 5,000 with one surety in the like amount to the satisfaction of the Arresting Officer, petitioner would be released on bail


Generally the bail in matrimonial proceedings are easy but may come with stringent conditions. the Anticipatory bail in cases of 498a/406 are granted easily these days and conditions depends on facts of each case.

Adv. Nitish Banka


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