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Ray (Employee)     04 July 2011

Help Required - Urgent (376 & 420)


Seekin help from esteemed lawyer friends. My friend got arrested under sec 376 and 420 and remanded to judicial custody. Seeking advice/help to get him out on bail. Brief incident as follows:

My friend was staying with a girl in Hydbd. The girl was already married and left her in-laws before coming and staying with my friend. She had previously filed a dowry case against his inlaws. While they(fren+girl) were staying together the girl applied for a divorce against her formal husband . They (fren+girl) started staying togther for almost 2 years .  Between this time the girl got pregrant by my fren and she revealed that only after 6 months. My fren got shocked and some differences of opinions followed. My fren in all disgust left his place and came to his native for a break. During this time the girl went and filed a police complaint. The police booked him for 376 and 420 and arrested. Two bail petitions got rejected and we are completly lost hyderabd not being known to us. One lawyers took huge sum of money and cheated us saying he will get the bail within a week. We are going pillar to post and not knowing local language has been a setback. Can anyone guide us how to move forward and if possible get him out on bail atleast? 


We spoke to another lawyer and he said give money to PP and police and then only bail is possible. Is it really true? I think he is again trying to fuel money out taking advantage of there anyone honest in hydbd or elsewhere to help us out? Thanks in advance


 9 Replies

Amit Parmar (Junior Lawyer)     05 July 2011

Mr. Raj

            First of all it is not possible that by giveing bribe to Public Prosecutor or Police your friend will get bail, because the Hon'ble Sessions court is going to grant or reject the bail. As police as well as PP are employed by the government, and as you said that previous 2 bail applications were rejected by the court,  the hon'ble court is very familier with the case of defence as well as of prosecution , so under this circustances PP & Police cannot do act  any in favour of  your friend. so its not going to help you ....

v.sreenivas sivaram (senior civil judge CUM ADMINISTRATIVE OFFICER)     05 July 2011

read this judgemnt


hope and pray it helps

Saurabh..V (Law Consultant)     05 July 2011



When I see the charge of S.420IPC along with S.376IPC it shows that the girl has filed a complaint that your friend might have cheated the girl and the physically got involved. These are generally the cases of "Promise of marriage", where the boy first promises the girl and then retracts from the promise.


But there could again be a case, that the girl says that she was made to believe that the guy was married to her and believing to be the wife of this guy, she was living with him. But as you mention that she herself filed for divorce and other cases were also pending against her former husband, so this probability is ruled out.


Now coming back to the first possible case of "Misconception of fact" created by a False Promise by your friend. If such was the case, then certainly your case was very poorly handled by the advocate and you would have got the bail very easily till now.


In your case the best part for you is that, girl is a major and even married. After her marriage, she herself was living with yor friend and continued to live with him till she became pregnant. Any matured and married lady cannot be forced to live with any man for so long duration without force. But there is no section slapped by police. Police only says it was cheating. This argument alone is sufficient to raise and cast a heavy doubt on the prosecution story.


If the Sessions Judge has rejected the bail, then you should move to High Court. Have you tried that? And if you did, may be yo filed your petition before a feminist judge who is not neutral.


My suggestion is that you file your review petition under S.482CrPC r/w S.439CrPC before the Hon'ble High Court. State the facts that how a matured and married lady be fooled to become pregnant by a man who is not legally her husband? When she filed for divorce from her former husband, she herself knew that having physical relation with other man is against the institution of marriage. Certainly, your friend was fooled by this lady to live with her, support her emotionally as well as financially and when she achieved her motive, she wrecked hell on your friend.


How can you EVER trust a 498A wife??????? and dare to live-in with her?


I personally feel this is a FIT case to grant bail on below grounds:

> Age of the complainant

> Her marital status

> Her silence till she got 6months pregnant and kept on enjoying "adulturous" relation outside her marriage with another man

> Non-disclosure of her relation to near-an-dear ones

> She is a habitual case wreckoner and a bl**dy gold-digger, who first cracked her former husband and now trying to blackmail your friend

> There is no need for custody in this case as there is no evidence to be collected

> Custodial interrogation is not required now.




9587744142ShivShanker saini (Advocate)     05 July 2011

I am from Rajasthan and language is not a barriar  as other lawyer said pay money to pp and get bail I am fully against this  prectice. if you have FIR copy then come direct to my office along with previous bail rejected order's certified copy. and certified copies of statment of the Girl under 164 Cr.pc., medical report (if any).

for more details contact me  on 09587744142 only if realy you want his bail ( time waster excuse plz.)

Ray (Employee)     05 July 2011


Many thanks for your detailed explanation. The last statement which you mentioned > There is no need for custody in this case as there is no evidence to be collected> Custodial interrogation is not required now.

Is this particular statement has to be placed before the Court by the Police and the public  prosecutor only? What are the chances of we arguing vis-a-vis them saying it before the honarable court? Is it right time to file quash peition before the high court as mentioned by you?

Saurabh..V (Law Consultant)     06 July 2011



These are the pleas taken by "defense" counsil and not by PP or I/O. These are used to incline the judge to grant bail.


For granting bail in ANY case, there are few important questions to be answered, which are:

> Gravity of offense (like murder is grave but rape is gravest of all. Yet your case is different than those forceful brutal gangrapes)

> Possibility of accused escaping away from the law. This is to ensure that the accused attend all the dates during trial and if convicted, can be sent to serve his punishment.

> Possibility of accused tampering with the evidences.

> Possibility of the accused threatening or promising the witnesses

> Possibility of the proofs being tampered with by the accused or being wasted due to non-cooperation of the accused.


Apart from these there is nothing which has to be weighed in ming while granting bail. And all these are made basis with the help of technical pleas by the defence lawyer (i.e. your lawyer in this case).




Saurabh..V (Law Consultant)     06 July 2011

You have a very strong case as girl has misused and exploited the provisions of law.


I do not understand how a married lady be raped for so long duration and even made pregnant and she go through all this without any complaint and today she don't even claim that she was forcefully abducted and confined at a place. If the would have said that she was forcefully kept at a place and was abducted then such complaint was maintainable but in the given circumstances (as stated by the Author), this case is not even maintenable.



Quash petition can be filed anytime during the investigation. If you have solid proofs and a reliable lawyer then you can file it anytime before the chargesheet is filed.


I suggest you don't do this. Generally, High Courts deter to quash rape cases. However yours is not actually a rape case but a consentual s*x case, yet, the court might turn down your application. And if it is turned down, this will give another reason for the PP to shout in the Trial (Sessions) Court that even High Court was against you.




Ravi Trivedi (Law Student)     06 July 2011

Your case is very strong. The charges against you can be easily quashed. I don't know why the hell, till now, your advocate did not succeed in bailing you out.

Anyway, let me make some points :

1) Read your FIR very carefully.

2) In your FIR, try to find out the statements which can be analysed as "consensual s*x" as which should not be hard to find out as you 2 have lived together for more than 6 months

3) Once, you establish the s*x as "consensual", IPC 376 no longer hold any ground.

4) Now, as far as IPC 420 is concenred, your case is still strong against her in the matter. Because its very hard to establish whether you had promised her for the marriage. Second, you can easily prove that she is not reliable person as she has already cheated her husband and inlaws. So, in the matter of IPC 420, you are more credible than her.

Anyway, can you post your FIR ?

Also, read this. Quashing of IPC 376



Ravi Trivedi

Saurabh..V (Law Consultant)     07 July 2011



I would like to reiterate your 4th para. S.420IPC really does not hold any ground as rightly opined by you. IT is for the reason, the girl was married. How can she accept a promise without first getting out of her first marriage? Also before she got out of that marriage, she got pregnant ???? What the hell!!!!


I don't think this case in totality is at all maintainable...yet it seems this gentleman has met worst of a lawyer and even worse of a judge.




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