divorceeeee (none) 08 May 2012

My family lives in fear? is anticipatory bail the solution?

My family lives in fear, is anticipatory bail the solution?

My family lives in Mumbai, my wife is in UP, staying with her parents.

We are expecting 498a in few months, maybe month of MAY or JUNE.

Let me put my questions here:

1. Is it neccesary that my wife HAS to file a complaint of 498a from a local police station (U.P) where she reside with her parents?

2. How can my familly avail anticipatory bail, what is the procedure?

3. What is the validity of anticipatory bail? 15 days? 1 month? 2 months?

4. Can anticipatory bail be extended?

Thanki you.

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4 Replies

adv. rajeev ( rajoo ) (practicing advocate) 08 May 2012

Yes she can file complaint in UP. You can get anticipatory bail in your dist., Anticipatory bail is valid till trial ends.

manish (cdsdfasd sdf) 08 May 2012

498a FIR has to be filed in the jurisdiction where she claims atrocities happened to her. the correct way is to file fir in the area she used to stay with you and then she can get it transferred to U.P.

she can also file in UP but that needs to be tackled based in the argument that no offence took place in UP

rajiv_lodha (zz) 08 May 2012

Beware UP state has no provision for Antecipatory Bail!

yogesh (will tell you later) 21 June 2012

Police don't follow legal angles but will enteratin the complaint of the married woman.If she files the complaint in U.P then you have to file the case in U.P for transferring it to your distrcit (Allahabd H.C/lUCKNOW BENCH APPROPRAITE)

Unfortunately, PROVISION OF A.B is not there in U.P