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How to apply for my uncle bail in a 498A case
04-Jun-2023 (In Family Law)
My uncle has been attested n in custody bcz 0f IPC307 but after arresting police inspector remove 307 and kept 498a and Lower court has rejected the bail. Can we get the bail from HC. He is in custody from past 2months. 2 more family members are charged but not in Custody.
As per the judgements of Hon'ble Supreme Court, a person cannot be arrested directly in cases of 498A even though it is a cognizable offence. A leading judgement in this regard is Arnesh Kumar vs State of Bihar. You can quote this judgement in your favour before the police as well as the court. As per this judgement first of all a notice under section 41 A is sent to accused and if the person refuses to co-operate then the arrest is made.
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Adv. Samyak Raj
Delhi | 500+ Answers
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As query has been asked by you I would like to tell you that yes there is 90 percent of chance of getting bail from honourable high court Patna, and other things can only be judged after reading FIR and the case dairy.
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Adv. Vishal Vikram Rana
Patna | 100+ Answers
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When an f.i.r. is registered a police inspector has to investigate and after investigation he should frame charges and can change the mentioned charges in the F.I.R. yes you can get bail from the high court even after the rejection from lower court.
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Adv. Prabhat Kumar
Munger | 25+ Answers
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