personal presence of your wife is necessary to obtain bail in 498A case
Bail under section 498A
My Brother In Law and Her wife has some tussles. Brother in law`s wife has filed the case against the Brother in law , My Father & Mother in Law and my wife in under section 498 A. Since my mother & father in law has taken bail but due to pregnancy of 6 month my wife is not able to go to court. Sir/ madam, it is necessary to her to go the court for the bail or her physical presence is not required for bail proceedings.
Asked 8 years ago in Family Law
Religion: Hindu
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9 Answers
Sir, the proceeding are going on the Bangalore and my wife has to travel to Bangalore form Bhilai, chhattisgarh. We are very cautious about her because she has pregnancy of 6 month and we don't want take any risk. If we produce any medical certificate showing that she is not able to travel, in this case her physical presence can me exempted fro bail proceedings ?
Asked 8 years ago
1) on basis of medical certificate court may grant exemption from personal appearance to your wife until further orders
2) however for bail court insists on personal presence of the accused
1.File AB for your wife when she won't have to appear before the Court. She need not take surrender bail,
2. While praying for AB, mention about her pregnancy to establish that she can not run away.
1. She should have taken AB long back,
2. At least apply for her AB now with the said medical certificate of her advanced pregnancy.
1. For taking anticipatory bail physical presence of a party is not required.
2. However at the time of regular bail her physical presence is necessary.
3, In this condition first take anticipatory bail which would give you ample time to surrender till submission of charge sheet.
Dear Querist
For anticipatory bail petition there is no requirement of personal presence of the applicant/petitioner.
no need to worry, file anticipatory bail before session court or high court u/s 438 of Cr.P.C., she will get the same,
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For getting enlarged on bail she has to be physically present. There is no exemption to it. However the police may be informed not to arrest in the event of they arrive at house with a warrant citing the delivery of baby as reason.
Hi sir/madam, you have to take anticipatory bail from the Session Court and after the get anticipatory bail you can seek exemption before Magistrate court by filing an u/s 205 of Cr.Pc for personal appearance up to the delivery. After delivery to take regular bail and present the court.
1. To obtain bail it is not necessary to go to court. The lawyer alone has to appear in the court to argue in support of grant of bail.
2. Let your wife engage a lawyer who alone has to appear in the court.
