Hi, As per law you have to file an anticipatory bail in District Court and not High Court that is the reason the High Court has disposed of the Bail petition with a direction to apply the same in District Court.
About anticipatory bail
I had applied for anticipatory bail well in advance fearing my separate staying wife n her family may file FALSE FIR on 498a case. I filed it with high court in my city Ahmedabad. Whereas my wife is at her maternal house in Surat and she sent advocate notice from Surat itself. At the time of my filing anticipatory bail, my wife had not filed a police FIR Now high court ruled out my bail notice WITH FOLLOWING NOTICE That Addl public prosecutor waives service of rule on behalf of respondent. It also mentioned my Advocate has not pressed this bail application, the application is disposed as not pressed of with a liberty to file an application before the learned session judge. Rule discharged. Now i want to know this meaning. Of above lines. Is my lawyer weak or wrong in filing? This bail? Were we wrong in filing anticipatory bail before waiting for FIR filed.
Asked 8 years ago in Family Law
Religion: Hindu
First answer received in 30 minutes.
Lawyers are available now to answer your questions.
12 Answers
1) AB has to be filed only after FI R Is filed
2) you have been directed to move sessions court for bail
So I now have a FEAR OF ARREST ? In false 498a case??
Asked 8 years ago
1) in case FIr is filed police will issue you notice under section 4IA of Crpc to record your statement
2) police have to conduc investigations
3) you can apply for and obtain AB
No need to fear for arrest.
If she filed any case against you under section 498A of ipc then first of all the matter will be refer to women cell and tgey tried to settled the matter between you and your wife if not possible then registered the case as FIR , then file anticipatory bail again before session court.
Feel free to call
1. No AB application can be filed before FIR is registered,
2. In fact the FIR No. and the police station name where the said FIR has been registered shall have to be mentioned in the AB application itself,
3. So, your AB application filed before the High Court is premature and waste of time, energy and money,
4. File the AB application before the Court having jurisdiction on the police station where your wife registers the FIR,
5. If you fail to ger AB at lower Court, move for AB before the High Court and do not go directly to the High Court since if you fail there, you will have no option other than approaching the Supreme Court.
1. You will not be arrested because of the Order passed by the Supreme Court directing the police station not to make any arrest against 498A complaint before conducting an investigation,
2. So, the matter will be investigated by the police first by calling you to the police station which you should attend to co-operate with the Investigating Officer.
3. After coming to know about the FIR No,. you should move your AB petition.
Your advocate has filed the AB properly but the high court has dismissed the application since there is no pending FIR and asked your advocate to withdraw the application with liberty to file another afresh in the sessions court when she lodges a complaint with the police.
Therefore I dont see any wrong in your advocate's work.
So I now have a FEAR OF ARREST ? In false 498a case??
As per high court direction, you may approach the sessions court with a similar application when she lodges a complaint, so do not have to worry about arrest.
1. It was not appropriate to move the High Court directly bypassing the court of Sessions. In simple language, the HC has given you the liberty to move the Sessions court for anticipatory bail.
2. It does not mean your lawyer is weak. The only meaning is that looking to the facts and circumstances of the case the HC was not inclined to exercise its authority.
3. You were not wrong in seeking prior protection from the HC even before the filing of FIR, but you chose an inappropriate forum.
Since you are without protection you may be arrested on the filing of FIR after compliance of the procedure laid down in the law.
this case is dispose of in the want of FIR therefore bail application is not pressed by your advocate
you should apply for AB either before the high court or before the session court.
you have no fear of arrest in 498 A case because supreme court has given guide lines regarding arrest in 498 A case [ anresh kumar vs state of bihar 2014 ]