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Fighter (Assistant)     15 January 2010

Private Complain in 498a and anticipatary bail

There is a Private Complain in court and court has issued a summon to appear before it on date. Is it  advisable to take Anticipatory bail in private complain also as 498a is cognisable offence.?



 3 Replies

kranthi kiran (Works In Judicial Department)     15 January 2010

It seems that you received and acknowledged the summons. So as the Court has already issued summons(as stated by you), just appear on the date of hearing. Court can ask you to furnish surities  on the next date of hearing.  No need to apply for anticipatory bail. But If you fail to appear on the date so mentioned in the summon, then NBW will be issued against you.

Nali Seshu Kumar (SOCIAL WORKER)     15 January 2010

kiran rightly suggested, in a complaint case cognigance taken by  the court no need to take bail as the trial is under summons peroceduere evethough u/s 498a is a cognisable offence.

Jatin Duggal (Advocate-Uttranchal)     08 February 2010

Move an application U/s 205 CrPc through your council to seek exemption from appearence.

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