• 376 - consensual relationship

Complainant was under relationship for 10 years on promise of marriage. and aborted twice, as soon as the date of marriage was fixed , he started demanded money and backed out from marriage, girl prayed to him and his family , but they ignored, later on girl consumed phenyl , but boy said he will marry her so she did not gave statement against him. Later on again he backed out from marriage. girl also gave 16 tola of gold to boy for marriage. now boy is denying. there after girl filed FIR , case registered only under section 376, now girl is critical and chances of her survival is nil. boy has filed ABA in Highcourt, , can boy still get AB at this stage, does boy has any remedy to safeguard himself if comes to know the condition of girl from any other sources. what shall we do so that girl can get justice.
Asked 8 years ago in Criminal Law
Religion: Hindu

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12 Answers

1. Well,this seems to be a case of cheating on promise of marriage, dowry harassment , abetment of suicide etc.

2. If the boy has applied for bail in High Court then chances of getting is very bleak,.

3.In any event the girl can oppose his bail prayer in the high court.

4. The girl must see if all the family members of the boys are implicated in this case as in dowry harassment case the involvement of other family members remain high.

Devajyoti Barman
Advocate, Kolkata
23653 Answers
537 Consultations

Hi

AB cannot be granted in 376IPC.

It is a non bailable offence and if such things have happened with the girl then it is for sure that there a very less chances for boy to escape.

Remain strong on proofs and statements , that would be sufficient for girl to get justice.

Thank You

Rahul Jatain
Advocate, Rohtak
5365 Answers
4 Consultations

1) boy would not be granted anticipatory bail

2) boy had sex with girl under promise of marriage forced her to undergo abortion of unborn child

3) boy demanded dowry and girl family gave the dowry demanded yet boy refused to marry the girl

4) case of abetment of suicide would be filed against boy in case girl dies

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

Ha

Varnika Singh
Advocate, New Delhi
327 Answers
2 Consultations

What has happened to girl, if she attempted suicide and if in her dying declaration she aays that it is all because of this boy, the boy will be in trouble, also anyone can register fir, so even you can register fir against this boy stating that the girl is no more.

Varnika Singh
Advocate, New Delhi
327 Answers
2 Consultations

You just keep all the evidences ready with you and keep on contesting the ABA every time they file it.

You will get justice for sure.

Sanjay Baniwal
Advocate, South Delhi
5477 Answers
13 Consultations

1. In 376 IPC the courts including the High Court do not grant AB but it depends on the allegations mentioned in the FIR.

2. If the girl dies then Section 306 IPC may be added to the FIR whereupon the accused will have to again apply for anticipatory bail.

3. The girl's family should engage a lawyer of their own to oppose the AB in the High Court.

Ashish Davessar
Advocate, Jaipur
30840 Answers
981 Consultations

consensual sex with the promise of marriage does not amount to marriage. there are various judgments on this.

Laksheyender Kumar
Advocate, Delhi
734 Answers
2 Consultations

First of all provide her best medical cure. Lose of life has no cure.

Bring all the fact before court, complain to before women empowerment. File foe cheating , recovery of gold.

Yogendra Singh Rajawat
Advocate, Jaipur
23079 Answers
31 Consultations

Since the FIR has already been lodged, let the Police investigate the matter and file the charge sheet.

In the circumstances narrated by you, it is highly unlikely that the Court will grant AB to the boy. Even if the same is granted, you can always apply for cancellation of bail.

Vibhanshu Srivastava
Advocate, Lucknow
9763 Answers
323 Consultations

hi, FIR has been lodged and the court trial is being conducted ..the justice shall be granted by court..under such circumstances geting bail is very difficult for the accused

Hemant Chaudhary
Advocate, Gurgaon
4632 Answers
67 Consultations

The boy cannot AB if strongly objected by the PP or by the girl's side by filing an intervene petition objecting the grant of AB.

Moreover since she is critical in hospital, the court may not grant him AB, instead would direct the police to arrest him if the things are going adverse against him.

The girl side should file an intervene petition objecting his bail application very strongly.

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

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