Legal Question in Criminal Law in India

bailable/non-bailable

my husband has already taken a 5 days stay arrest bail as i had filed a case in women cell.but no fir has been loged so far..if i lodge an fir will he get arrested or will he get a bail. my in-laws and husband have refused to keep me in their house and divorce hearings are going on in the cout.


Asked on 1/29/09, 6:06 pm

5 Answers from Attorneys
Shrichand Nahar S.V.Nahar, Advocate

Re: bailable/non-bailable

Bail will depend on existing order.

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Answered on 2/07/09, 6:05 am
pramod kumarojha advocatepramodkumarojha

Re: bailable/non-bailable

dear questioneor,

in a circumtance like your,the settled principle of law provides safeguards to the women u/s.498A of indian penal code through the aid of this section you are adviced to bring a criminal case against your husband and in-laws.there are two medium to bring a case against the assailant (1)register an fir or(2)make a complaint before the magistrate.no doubt after regitering the offence under above mentioned sec. they will be arrested.

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Answered on 1/30/09, 7:10 am
Sudershan Goel India Law Offices of Sudershan Goel - Advocate

Re: bailable/non-bailable

You should pursue your complaint and may also file an application under DVA in the pending court case.

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Answered on 1/29/09, 10:23 pm
RAJIV GUPTA (Cell: +91 9811284735) [email protected]

Re: bailable/non-bailable

as per the order, the arresting officer is bound to give your husband five days time to seek anticipatory bail after the f.i.r. is lodged. even after the f.i.r. he will not be arrested immediately and would be given an opportunity to seek anticipatory bail.

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Answered on 1/29/09, 11:43 pm
Aniruddha Pawse Aniruddha.P.Pawse Advocates

Re: bailable/non-bailable

Arrest or Bail is the discretion of the court. For refusal you can file a case under Domestic Violence Act and ask for a separate accomodation and mantenance.

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Answered on 1/30/09, 12:11 am


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