Legal Question in Criminal Law in India

Dear Sir,

FIR was registere against myself (husband) only U/s 306/34 Cr. Pc. on the basis of statement given by my brother-in-laws.

Short story in the FIR is I and My wife married in year 2004. after that my wife came to my native place, she lived happily in my native place. After

that she went to patna, where I was working. She get

pregnant, during her pregnancy I beaten her and left for

bhuneshwar. After that my wife got admitted in hospital by

herself. Her brother came to hospital and take her back to

his native place. After some time she delivered a baby boy.

After 3Month of the birth of boy, I went to her house and

told them that I will maintain her as a good wife. With this

word they send my wife to bhuneshwar where I was working

after resigned the job from patna. we lived bhuneshwar

happily for some time and again started beating. Beating

information was provided by my wife to her parents and

brother through mobile. After that my wife and baby boy went

to her house and living there. That time I resigned job from bhuneshwar and started working in delhi. During this period my wife and their family contacted

me through mobile and I told them that I will not keep my

wife and whatever they want, they can do. In this situation

they filed criminal case U/s 498A, 406 and 34 in year 2007

and it is still pending. They also filled maintaineance case

U/s125 in year 2008. I was not appeared in the maintenance

case till now therefore maintenance case is also pending.

498A court adviced my wife and me to discuss each other and

then we started each other. During this period some other

girl picked my mobile and other girl started harassing my

wife. after that my wife and her brother came to my office

on 03-11-2013 and found that I went to abroad. Then they

return to their native place. after return to their native

place, some girl started giving missed call to my wife

mobile. Beacuse of these things my wife was upset mentally

and therefore she sucide on 13-11-2013.

Following are my question request you to answer.

1. Since I was not living with my wife because of 498A complain case and Even I have not called her even single time and not live with her at the time of her suicide as plain reading of FIR, Can Cr.PC.306 is fit case for quash U/s 482 of high court

2. Where bail petion should file either in session court or directly to high court.

3. What is the chance of getting bail, Please provide some supporting reference document ( high or supreme court judgement etc..) for bail.

Thanks and Regards,


Asked on 12/08/13, 6:56 am

1 Answer from Attorneys

Rajiv Gupta +91 9811284735 KarVai Legal Solutions

we would like to go through your FIR under section 306 only after going through the contents of your FIR we can suggest whether to go for quashing or face the trial.

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Answered on 12/09/13, 9:45 pm

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