I was searching on the net when I came across your post on Lawyersclubindia. I am seeking some kind of advice from you for the following mentioned incident.
My cousin's wife Committed suside on 28 th sep 2011 by consuming insecticide in anger due to some kitchen work while threatening my cousin's family that she will commit suside.
On 29th sep 2011 the parents of the deceased loged a complaint under dowry law and police lodge FIR u/s 304b, 498a & 34 against the my cousin, his Father, Mother, sister (unmarried), Elder brother, Elder brother's wife and two uncle (Mother's brother having very strong financial background).
Current Status: My cousin surrendered on 29th sep 2011 since then he is under custody.
The two uncle applied for bail but rejected from sessional court, now applied to high court and still waiting for date.
rest of the family is living somewhere else since then, since there are two young kids one 3 year old daughter of elder bother and 1 year old son of my cousin and the main aim is to avoid detention of female members of the family.
Although My cousin's family is far better in all terms than the family of the deceased. They havn't asked for dowry from elder one as well as my cousin's wife even at the time of marriage. When we spoke to the family of the deceased regarding this they asked for 30 lakhs rupees and the legal adoption of their grandson and they will withdaw the case, since the deceased's brother cannot have child due to some medical problems. The Post mortem report is pending and the report from the IO is also pending.
please provide answers which could be answered with your knowledge.
Now my question is
1. How long it usually takes for the post mortem report?
2. Since the sessional Court rejected the bail application of the two uncles... will they get bail from High court. they are living quite away from my cousin's home.
3. what will be the procedure for the bail for my cousin & his family members? The bail for my cousin should be applied first or the bail of the family members should be applied first? and what will be the sequence?
The lawyers are asking for too much of money for the bail of my cousin which is not practical amount somewhat like over 20 lakhs!
Please suggest what can be done?