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for how many days the boy or family be behind bars in 498a dowry case


27-Sep-2023 (In Divorce Law)

if a dowry case is registered in haryana then what is the law on the arrest part once the charge sheet is filed? Will the entire family be arested or only the boy? And for how many days the boy or the family be behind the bar?

Answers (3)

Answer #1
931 votes
Two aspects are there: 1. When the accused persons have joined the inveainvestigation. In this case when chargesheet is filed there is no threat of arrest as investigation is complete and accused person's custody is not required. You'll receive notice from the police for appearance in court for the day police is filing the chargesheet. Second aspect: When some of the accused persons have not joined the investigation then those who joined the investigation have no appeehension of arrest those who have not joined qua them investigation is still open and they have to seek bail from the court to join the investigation either by surrendering or by seeking anticipatory bail. There are no fix days of custody in these cases and parents are granted bail easily. Husband will also get bail during first remand only.
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Advocate Amit Kumar

Adv. Amit Kumar

LawRato Gurgaon / Gurugram | 5+ Answers
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Answer #2
830 votes
Dear client, There is no specific rule regarding time period but nowadays usually all, except husband, get bail after being produce into Court by police. In some cases even husband gets bail on same day of production. But no hard rules, it depends completely on facts of complaint. Moreover, there is another option of Anticipatory bail. Better to call and get complete answer to your query dictating complete facts. For further clarification you can call me
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Advocate Suneel Moudgil

Adv. Suneel Moudgil

LawRatoPanipat | 5+ Answers
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Answer #3
752 votes
After Landmark judgement of Hon'ble Supreme court in Arnesh Kumar v State of Bihar, police can not arrest husband or his family under fir registered on compliant of wife. Investigating officer shall give you notice under Section 41A CrPC, and call you to appear before him. IN the event you fail to appear before the police officer, then he has power to arrest you. In the meanwhile you may apply for anticipatory bail of Boy's parents, and regular bail for the boy, which is granted on the day Boy is produced before the Magistrate. SO now no detention behind bars for Boy or his family members, till the time they co-operate with the police. In case you may have more questions you may contact me.
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Advocate Vivek Nasa

Adv. Vivek Nasa

LawRatoGurgaon / Gurugram | 5+ Answers
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