Pre-requisite for Anticipatory bail charged for 498A
I have been falsely accused under 498A by my wife. The FIR has been filed and they have falsely accused me of taking dowry items worth 10-15 lakhs. My lawyer is telling me that its required to submit the dowry items mentioned in the FIR to be submitted in the police station in order to get the Anticipatory bail!
I have not taken any such dowry items...Please suggest what shall i do.
Asked 2 years ago in Family Law from Jaipur, Rajasthan
Your lawyer is bang on mark as you will have to suffer arrest and detention if you do not apply for and obtain AB. The courts are now well aware of that 80% of 498A cases are false. If you have not taken the dowry items, that you are accused of by your wife, then apply for AB by showing the allegations as false. Nothing is required to be submitted if nothing has been taken.
Immediately file anticipatory bail under section 438 of Cr.P.C. before session court or high court and try to settled the matter amicably with her through mediation.
No need to worry, the bail will be grant, consult another lawyer.
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Advocate, New Delhi
Dowry will not be in the form of any item, it shall be in the form of money only.
If your lawyer is not cooperating you may change the lawyer and look for a better one to fight for you.
For anticipatory bail for the offences under section 498A, it is not necessary that you should give all those items, but you may plan to return her stridhan articles if held in your possession should that be a condition for granting you bail by the court.
All her false allegations can be challenged during trial, first try to obtain AB.
1)your statement must have been recorded by police wherein you have denied taking of dowry mentioned in complaint
2) wife has to produce supporting bills of purchase of dowry items and evidence that it has been given to you at time of marriage
3) apply for AB . check whether wife has annexed supporting bills or not