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Bhanu (Engineer)     04 February 2014

Anticipatery bail

Hi experts, we are facing a problem to get anticipatery bail from session court...case if filed for dowrry act in bihar by girl parents, even we don't demand any dowrry. only engagement happend. my family stays in nagpur , can i take the anticipatery bail from nagpur high court. is it possible, bec in bihar session court. judge is extending the date to next month always. so please suggest me from nagpur can i take the anticipatery bail and if it grants from napur will it be approved by bihar session court.


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 8 Replies

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 )     04 February 2014

To get anticipatory bail the person seeking it, must approach the Court of Sessions where she complained police station and its jurisdiction  or the High Court and citing section 438 of the Criminal Procedure Code as well as giving proper reason, apply for it. If the court, based on a number of conditions and the nature of the case, sees merit in the petition the bail is granted. Hence if and when the person is arrested, he/she will be immediately released on the basis of the anticipatory bail.

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com)     04 February 2014

no, nagpur court have no jurisdiction to entertain your AB, only bihar High Court or session court have power

Bhanu (Engineer)     04 February 2014

can i  take interim bail from nagpur  high court, till session court not  hearing our anticipatery bail, i mean extending the dates, after taking interim bail is  bihar police will arrest us.

Magesh Malayalathan (ADVOCATE)     04 February 2014

When already a petition is pending before the sessions court, you can file a new petition to any other court on the same cause of action

Magesh Malayalathan (ADVOCATE)     04 February 2014

sorry you cannot file a petition. I stand corrected. typing error

Magesh Malayalathan (ADVOCATE)     04 February 2014

rather you pray for a protection order from the sessions judge stating that an order may be passed to the police authority not to arrest the petitioner until the case was disposed.


(Guest)

Generally No coercive step against arrest is provided during the first hearing itself and that goes till disposal of AB from session court . Ask your lawyer had he prayed before DJ for such step?

Once Ab got rejected you have to move to Patna HC only. No remedy for you now, once you have filed AB in the Patna session court you can't apply for any Transit Bail at your current place where you are residing.

 

regards,

(ESIS)

T. Kalaiselvan, Advocate (Advocate)     05 February 2014

Well advised by all experts above on the subject. Yes, you cannot file an AB before Nagpur Court and also cannot seek an interim bail while there is a pending application in some other court on the same issue.  As a interim measure, you can seek before the same sessions court where your aB application is pending, to not arrest by the police till the disposal of the application.


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