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Will I be arrested in case truth of an illegitimate child comes out
31-Oct-2023 (In Criminal Law)
I had a sexual intercourse with a girl who gave birth to a baby girl whose present age is only 3 months. The girl is 26 years old.She had her consent at the time of relationship. Now, she is in her father's home and there is enmity between her and my families. So,I am unable to accept her. I am a state govt. Officer working presently at Balurghat. Since the last 5 months I am not going home for that very reason. I have no connection with that girl. She and I both are unmarried. If she files FIR/case against me, what will it effect upon me,my family and also my service?Under which sections she can file a case and what will be the punishment? How can I manage the situation. Finally, if my parenthood is proved by the DNA test,will my service be postponed? Can police arrest me without any intimation if the girl or her family files case? When shall I apply for Anticipatory Bail and will it be approved? Please advice me properly so that I can avoid this tough situation.
If girl can lodge the complaint against you then it is definitely Non-Bailable Offense, like 376 IPC and other section also added as per corroborated other offense, if you convicted then you have lose your Job also, anticipatory Bail can't approached to the Ld. Court without register the Case/FIR, Yes Police can arrest without any intimation if she can submit enough evidence or may be intimated U/S 41A Cr.P.C if her documents not up to mark. It is my suggestion to consult any Legal Personnel with all documents because precaution measures are there completely to approach to the Hon. High Court for stay order i.r.o Embargo against any coarse steps by the POLICE.
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You have lot of questions and therefore, it is not possible to satisfy you by simply answer your questions mentioned above. You must have to meet with a competent criminal law practitioner personally for clearing doubts. Yes, you will be in trouble if she file any case/FIR against you. The probable sections would be 417/376 of IPC. One can file anticipatory Bail application only after lodging FIR.
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Adv. Aniket Joardar
Krishnanagar | 100+ Answers
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