As per the provisions of the Section 498A of the Indian Penal Code, if the wife is harassed for the demand of dowry by the husband or husband’s relatives or the husband or his relatives do physical or mental cruelty to her, in this case, she can register an FIR against the accused.
The punishment is up to 3 years of imprisonment and a fine. It is a non-bailable offence. Simultaneously, if the wife’s Stree Dhan is still in the inlaw’s house, she can also add one more section with complaint of 498A, Section 406 of IPC to recover them.
In this article, You will get to know how to get bail when 498A FIR is registered against you. If we talk about bail, it is divided into two parts.
The first part is related to a case under sections 498A and 406 of IPC. And the second part is when the wife also files cases against father in law or brother-in-law under sections 376 IPC and 354 of IPC (rape or trying to outrage her modesty).
If FIR is filed under Section 498A and 406 IPC
When a complaint is filed under section 498A, the matter is put forward to the women’s cell, and if it is not settled, then FIR is registered. Normally, you don’t need to get bail.
In Arnesh Kumar vs the State of Bihar 2014, the Hon’ble Supreme Court has cleared that 498A is a family matter. Undoubted it is a non-bailable offence but the punishment is up to 3 years of imprisonment. In offences with a punishment of up to 7 years, no one should be arrested without the permission of the DCP. Police need to show the need for arrest. After this Judgment, the husband and his relatives are not arrested.
At present, normally charge sheet is filed without arrest. But if any policeman is under the influence of girl(complainant) or her family, and he harasses the husband or his relatives, then you can complain about him to DCP or you can apply for anticipatory bail under Section 438 of the Criminal Procedure Code.
In such a case, Cort summons IO and asks for reasons to arrest and the permission of DCP to arrest. And normally the IO does not have permission, because the DCP don’t give permission to arrest in simple FIR like 498A in which the punishment is 3 years.
In such cases, where punishment is up to 3 years, if you get the conviction, you can get bail. Supreme Court has passed Judgement in this regard.
If you face any problem in getting bail, you can put this before Court that it is a family matter and now it is a matter of trial. After trial, it can be ascertained, who is guilty. On such statements, you may get bail.
Process of Anticipatory bail in 498A case
Only Session Court or High Court can grant anticipatory bail. A magistrate cannot entertain anticipatory bail.
1. Documents required To File Anticipatory bail in 498A case
- ID address proof
- Copy of FIR
- Other favourable documents
Generally, it is filed through an advocate. But it’s not mandatory, you can also file an anticipatory bail application. But to escape from procedural technicality, you should consult an advocate.
When anticipatory bail is filed, then it goes to scrutiny and the next day after being passed from scrutiny, firstly anticipatory bail is heard in courts. The court first gives chance to the Public Prosecutor and Investigation Officer and then to the defence.
After hearing both parties, generally anticipatory bail is decided on the same day. And if there is a delay, then your counsel can request the court, not to arrest you until next hearing.
If Court is satisfied that it is the fit case, in which anticipatory bail can be given, then the court after imposing some conditions can allow the application of anticipatory bail.
And after this, Investigation Officer or the Court can give you directions to join the investigation. Your statement will be recorded in the Police station, details of surety will be taken and bail bond etc. will be furnished.
You can submit the favourable documents to the IO when you join the investigation.
2. Conditions imposed By The Court While Granting Anticipatory bail
- Not to contact or tamper with witness or the complainant
- No inducements or threats to the complainant
- Not to leave the country
- Weakly or monthly order to visit the police station for attendance
Always follow the conditions imposed by the Court, because if you breach any condition the anticipatory bail can be cancelled.
What If Court dismisses the anticipatory bail application?
If the Court of Session passes a dismissal order. You or your counsel can get the dismissal order from the court same day.
But if the Court of Session dismisses the application, High Court can grant anticipatory bail. High Court after hearing both parties, can pass the orders on this application.
If High Court also dismisses, then the Hon’ble Supreme court is the last resort to file an application for anticipatory bail.
What If wife made false allegations Under Section 354/376 IPC?
If the wife made false allegations regarding Section 354/376 IPC against the father-in-law or brother-in-law, you should make sure to apply for bail when all the FIRs are registered, i.e. under sections 498A, 406, etc.
Firstly, approach the Investigation officer and ask him not to add these sections during the investigation, as Police have the power. And if in the medical, there is no evidence of such rape and assault, 354/376 can be removed.
If you have some evidence of false allegations, like the video recording of threats by your wife to defame you and family, any neighbour who has seen or heard such threats, or any family member whose name is not there in FIR, can give evidence as a witness and such sections can be removed.
And if there is no medical test done by the wife, then Police can also remove these sections.
You can apply for anticipatory bail. And if you are arrested, then apply for bail under Section 439 of the CrPC.
What points to mention in bail?
- That till now, there is no FIR registered against me. There has never been any criminal record.
- If you are married or have kids, refer that you have a family and you need to earn for them.
- If earlier you have made any complaint against the such complainant, you can give reference of such complaint, that she made the false allegation in revenge.
- You can ask for the case to be in your favour if the complainant has not done a medical test or the report is negative.
- You can attach an affidavit with the bail of such a person who can be a witness for you.
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