Procedure to obtain bail in dowry case lodged by wife

962 votes

You need to hire a good lawyer as if Section 377 IPC is involved in FIR, getting bail is not simple. Your case has to be pleaded properly. There are two ways to get the bail order i.e. 1. Anticipatory Bail; and 2. Regular Bail. Anticipatory bail can be applied y a person who has a reason or presumption that he will be arrested under any such case by the police. The application for anticipatory bail is applied before the court of Sessions Judge. The chances about getting bail can be advised only after reading the contents allegations alleged in FIR. As your wife had already lodged a complaint with the police, on that basis also you can file an application for anticipatory bail and in that a case, the police will appear before the court and will disclosed whether they have already registered the case or are about to register a case. Even if they say that police is about to register a case, your lawyer can request to the court that the Investigating officer be directed to give a week's notice before arrest, to enable you to apply for anticipatory bail.

While as regular bail can be applied only after the arrest by the police before the concerned Magistrate court.

From the question you have asked, it seems that you have not been arrested so far. You should immediately hire a good advocate and apply for anticipatory bail

I do practice and appear before Jujjhar Courts also. For further doubt and advise, you can send the FIR No and name of police station, or with the copy of complaint she had lodged with the police at my e-mail address.

Advocate Arun Kumar LawRato

913 votes

Hello,
As per your query, you should file an anticipatory bail in Jhajjhar District Couurt regarding the complaint. Get a copy of complaint from the department where the complaint has been filed. We also deal with criminal cases in Jhajjhar. You can file through us from here.
Thank You

Advocate Rishi Raj Narang LawRato

729 votes

Hi
Demand of dowry and unnatural sex are the two different offences wherein the courts charge you under different sections. In case you think you are innocent or you think you have a good defence you get the FIR quashed from the High court

Advocate Suksham Aggarwal LawRato

748 votes

Well For charges of unnatural sex to be taken into consideration police get the medical examination of the wife done by the doctors , and what opinion doctor gives. if the opinion is negative then police will not lodge FIR in Unnatural sex, only FIR of dowry shall be filed that too after investigation. In Dowry cases are Police Bail will be granted to husband. and since FIR if, lodged will be lodged in Jhajjar, then husband will have to hire a lawyer from Jhajjar .

Advocate Pratik Duhan LawRato

719 votes

You can apply for bail before the Session's Court with submissions that the allegations are completely incorrect. Further, in case Session court still refuses to issue bail orders, you may approach Punjab and Haryana High Court and submit that the allegations are completely incorrect. The court may direct the Judicial magistrate to grant the bail on submission of appropriate bond amount. Further, if FIR has not yet raise the arrest may not be made and the allegations on you has not yet substantiated and verified. On this basis also you may take bail.

Advocate Manoj Mor LawRato