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Possibility to get bail against case filed by wife u/s 498a of IPC


01-Jun-2023 (In Criminal Law)
My husband lodge an for against mi IPC section 448/323 on 14april 2018, after that I have lodge an fir against him IPC section 498a/294/506 on 28 may 2018 with some evidences as a proof..A.S.I called both of us for investigation and give time for 7 days for mutual understanding between us...now my question is does my husband have to take bail or what steps he can take against m
Answers (3)

Answer #1
869 votes
Yes your husband may get bail taking the ground that you lodged FIR against in retaliation to the FIR lodged by him against you. Its not important as to what steps he may take. Its important to save yourself from the case lodged by him. We need to go to the root of the problem to advice you correctly. So please meet me in my chamber for a detailed discussion on the matter if you so desire.

Answer #2
965 votes
498A. Husband or relative of husband of a woman subjecting her to cruelty.—Whoever, being the husband or the relative of the husband of a woman, subjects such woman to cruelty shall be pun­ished with imprisonment for a term which may extend to three years and shall also be liable to fine. Explanation.—For the purpose of this section, “cruelty” means—
(a) any wilful conduct which is of such a nature as is likely to drive the woman to commit suicide or to cause grave injury or danger to life, limb or health (whether mental or physical) of the woman; or
(b) harassment of the woman where such harassment is with a view to coercing her or any person related to her to meet any unlawful demand for any property or valuable security or is on account of failure by her or any person related to her to meet such demand.]
Bail is very much possible because of the Apex court guidelines.

Section 294 in The Indian Penal Code
267 [294. Obscene acts and songs.—Whoever, to the annoyance of others—
(a) does any obscene act in any public place, or
(b) sings, recites or utters any obscene song, ballad or words, in or near any public place, shall be punished with imprisonment of either description for a term which may extend to three months, or with fine, or with both.] this is bailable.

506. Punishment for criminal intimidation.—Whoever commits, the offence of criminal intimidation shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both; If threat be to cause death or grievous hurt, etc.—And if the threat be to cause death or grievous hurt, or to cause the destruction of any property by fire, or to cause an offence punishable with death or 1[imprisonment for life], or with imprisonment for a term which may extend to seven years, or to impute, unchastity to a woman, shall be punished with imprisonment of either description for a term which may extend to seven years, or with fine, or with both.

possibility to get bail is also there.

Against u: 448 IPC no issue, 323 IPC nothing to be worried.
if required we can help u through Lawrato only.
Answer #3
579 votes
If you do not insist police, the police may not take action against him. Otherwise also as there is cross cases so police will treat the complaints as domestic violence and in case of domestic violence immediate arrest is not necessary. Before arrest preliminary investigation is necessary.

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