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Shashi Kiran (Self)     19 July 2011

Petition for anticipatory bail in 498A/ Other Cases

Dear Esteemed Members,


My wife is threatening me that she will take "legal actions", as a revange for our failed marriage. she might file 498A and/or any other  complaints. I'm not sure which section she might file a case ( as there is no actual case )

I would like to take an Anticipatory Bail; Is there an APPLICATION DRAFT FOR ANTICIPATORY BAIL?

is the Ant. Bail be applied under any specific section. ( Ant Bail for   498A or a generic one )

DO I need to contact local Police station  and File FIR about these threats ?

Kindly advice






 8 Replies

VIRAJ KADAM (Advocate Supreme Court of India)     19 July 2011

Dear Friend, You cannot take Anticipatory Bail yourself. You will have to engage the Advocate for that. Also mere apprehension is no ground for AB. You have to prove that there is serious threat of being arrested and that would harm your career and reputation unnecessarily. Wait till your wife decides to file any case.


VIRAJ KADAM Advocate, Supreme Court


Shashi Kiran (Self)     19 July 2011

@Viraj , How Do I know that if/when my wife has filed a complaint and other details...

How much time do I have after that ? will that be still an AB or a plain Bail;



himanshu harbola (Comp. Sec.)     20 July 2011

dont b so worried Mr. Shashi Kiran, body will throw u into the jail just a complaint is filed...even if ur file lodges an FIR or filed a complaint case to the magistrate proper investigation is done...some 1 will contatc u....if any steps is taken by ur wife, the mean time u can move a AB...

Shashi Kiran (Self)     20 July 2011

@Himanshu : thanks for the kind replay,

My worry is for my parents they are not is good health conditions; So even an hour being outside alone is almost impossible. I'm not sure Police / Law has any consideration for such senior people.

Can a medical certificate / any circulars from Govt protect them  from possible scenarios. Kindly Suggest



Sandeep Aggarwal (Advocate)     20 July 2011

Shashi dont worry. Police will first call you and then every thing will go if any.

Vijay (law student)     02 March 2012

Hi ,

It is learnt that  Anticipatory bails provision back in UP after about34 years. Is it effective/ in force as on date? If not can an anticipatory bail be obtained in a Sec 498a case citing the developments? If not how do I obtain an anticipatory bail given that I am from Karnataka and my wife is presently residing at UP and conteplating to file a case under Sec 498a at UP? By when would the proposed  anticipatory bail provision be back in UP?

If my wife as a result of a failed marriage files a false case under Sec 498a say at Ghaziabad UP against me a permanent resident of Bangalore Karnataka will the cops swing into action immediately and come and arrest me without any notice? If not it would be of immense help if you could briefly explain the procedure since the onset of filling the complaint at UP and the  steps required to safeguard myself & my family members?  



Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     04 March 2012

AB is as yet not back in UP.





Shonee Kapoor

Nitish Banka (lawyer)     08 June 2018

Posted by: Nitish Banka  Categories: Criminal Law 


Anticipatory Bail in 498a

Anticipatory bail in 498a is advisable and recommended

A family comes under pressure when they come to know that a FIR under section 498a has been lodged in police station.

The first cause of stress is call be Investigating Officer to join investigation to old parents, husband, husband sister or brother.

The trauma is whether they can be arrested or not.

It is not advisable to visit investigating officer without protection from the court this protection is termed as Anticipatory Bail.

The process of getting Anticipatory Bail in 498a

The chances of getting bail under 498a is quite high as I have already discussed in detail in one of my articles

chances of getting anticipatory bail 498a 

The conditions of anticipatory bail are not very stringent but if they are stringent it can always be challenged. I have discussed in detail the conditions Conditional Anticipatory Bail 498a/406

Now as per the judgement of 498a under Rajesh Sharma versus State of Uttar Pradesh. there is a stay on automatic arrest in the cases of 498a. But this judgement is challenge in higher bench and revisit the judgement.

Image result for anticipatory bail

Anticipatory Bail in 498a

Therefore still the permission of getting kin and husband arrested is less. But family will never know whether the permission of arrest is granted or not so there is an apprehension of arrest in 498a and therefore it is advisable to get 498a.

Grounds to argue 498a bail application

  1. Old parents this ground works if parents are old.
  2. Prior divorce petition pending.
  3. Strong roots in society
  4. Ready and willing to join investigation.
  5. Vague allegations
  6. Delay in filing FIR
  7. Return of streedhan articles.

Courts View

Courts will ask for status from the IO. Gen really IO will tell the court that whether permission of arrest is granted or not and if it is not granted then the court will most probably grant interim protection of arrest for certain period of time i.e 7 days so that the IO. will send notice of arrest and on this notice the party will again apply for anticipatory bail in such circumstances.

This is right strategy to abate any arrest circumstances.


Advocate Nitish Banka



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