Husband’s anticipatory bail in 498A case from High Court

Once at the instance of the wife (complainant), the FIR under Sections 498-A/406 IPC is registered it is better option to take Anticipatory Bail in the offences as read in the FIR. Usually, the entire family of the husband is entangled in the FIR. When the in-laws move for anticipatory bail in the court, they are usually granted anticipatory bail since they form a separate household unit distinct from that of their son (husband).

The Supreme Court in various judgments have quoted that the Sections under 498a and 406 under the Indian penal code are widely misused and for no reason the husband and family members are prosecuted and jailed thereby tarnishing the reputation of the family the sections are exactly termed as “legal terrorism”.

Although Court may impose certain conditions like depositing a demand draft of certain amount in the name of wife and the complainant as a part of maintenance.However, proceedings under Section 498A/406/34 IPC are not to be converted into recovery proceedings.

In one such case, we successfully obtained anticipatory bail for the husband in a criminal case lodged by the wife under Sections 498A / 406 IPC.

The complete order is below:-