The allegations of 376 and 377 are put in 498A IPC are just put in to take the case out of Arnesh Kumar. As per Arnesh Kumar 7 Years offences are exempted for automatic arrests.
so to make it more lethal allegations of 376 and 377 are put in along with 498A IPC
But court do recognize the misuse..
This Bail I argued with surrounding background that wife first entered into a settlement and then she backed out to file these cases just to harass the husband and relatives.
The husband even transferred some money into the account of the wife but she again filed false cases against the Husband and the Family members.
This was the main ground I argued and on this only I got anticipatory bail to all the relatives as well as the Husband.
This thing i have done in single day only and no mediation or status report was called however state did filed the reply to oppose the Bail.
The Bail application came late at Night and next morning it was filed and next day bail was argued and order granted.
This is how fast you have to work when it comes to anticipatory bail…
Advocate Nitish Banka is a first-generation lawyer with over a decade of courtroom experience, known for his strategic defense in complex matrimonial and criminal litigation. He is the founder of Lexspeak Legal, a premium litigation practice that focuses on false 498A/DV cases, maintenance disputes, quashing petitions, discharge, counter-cases, and high-stakes matrimonial strategy for Indian and NRI clients.
connect on 9891549997
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