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Remedy in case married girl filed complaint against boyfriend
18-Sep-2023 (In Criminal Law)
My friend was staying with a girl in Hydbd for 8-9 months. The girl was already married and left her husband before 4 years without divorce my friend is married but he hided with her.As she came to know she left him and my friend has filed a divorce case for his first marriage but it is still pending.Between there relationship the girl got pregnant and aborted child with mutual concern.My frend called her to Hyderabad to settled the matter and they had a fight at that time. During this time the girl went and filed a police complaint. The police booked him for IPC 312,323,343, 376 and 420 and arrested Immediately. My friend is Muslim and that girl is Hindu and he tied a note as per Hindu culture and that marriage is not registered. That girl is from Delhi so she get back there after giving some medical tests. Now it's being 20 days my frnd is in jail for remand. Girl has given all the info and police has recorded everything at that time now is it possible that we convinced her withdraw
HI
In general in a 376 and 420 case, bail will not be granted so easily.
Also even if the girl withdraws the petition, it is not possible for the person to either get discharged from the case or get bail on the grounds that the girl has withdrawn the petition.
You have 2 choices to apply for the bail.
a) Option 1: you can seek bail if investigations are complete and charge sheet filed.
b) Option2: You can seek bail on the grounds that your friend is in jail for more than 20 days and that the investigations are over. second option is only a 50% chance if investigations are pending.
In general in a 376 and 420 case, bail will not be granted so easily.
Also even if the girl withdraws the petition, it is not possible for the person to either get discharged from the case or get bail on the grounds that the girl has withdrawn the petition.
You have 2 choices to apply for the bail.
a) Option 1: you can seek bail if investigations are complete and charge sheet filed.
b) Option2: You can seek bail on the grounds that your friend is in jail for more than 20 days and that the investigations are over. second option is only a 50% chance if investigations are pending.
Helpful?
23+
23+
Adv. Rajagopalan
Hyderabad | 500+ Answers
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Sec. 376 IPC would not attract. The police ought to observe the same and rest of the sections are simple in nature for which the police can enlarge your friend with a (police)station bail U/ s 41 Cr.P.C.
(comming to the matter of abortion, the girl (and the doctor also) is punishable for homicide in case of proper evidence)
Anyhow ur friend was arrested and remanded, your friend can approach the High Court for quqsh the FIR/sec.376 IPC.
(comming to the matter of abortion, the girl (and the doctor also) is punishable for homicide in case of proper evidence)
Anyhow ur friend was arrested and remanded, your friend can approach the High Court for quqsh the FIR/sec.376 IPC.
Helpful?
10+
10+
Adv. Kadagala Rambabu Naidu
Srikakulam | 200+ Answers
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Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.
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