Advocate Prabhash Ranjan Thakur

Questions Answered by Advocate Prabhash Ranjan Thakur

Q: Bail rejected twice, what is next legal step?

In criminal case act.307 323 324 326 341 504 34 (What is the changes of bail or punishment in this case after 7 months and 10 days) He arrested 08.10.2016 by police with more than 20 pages of chart sheet. He got two time rejected for bail first district court muzaffar pur then Patna high court with advised that case should be solve within 6 months( in 5th month of arrest dated 18.03.2017 by Patna high court) this advice for district court.

Advocate Prabhash Ranjan Thakur answered
After completing the period of 6 months the regular bail petition may be filed in terms of the bail order rejected by High Court under liberty and he can also take alternative remedy to file regular bail petition before the Supreme Court against the rejected order passed by the High Court.

Q: False case filed by uncle how to prove my father is not involved

My father has falsely implicated under Sec 354&379by my own uncle. But matter is that my both uncle have fought between each other due to land matter.so one of them done fir against my father& other uncle. He has taken police station in his favor such that without any verification police sent case to court. But in this matter my father is not involved at all what to do ?

Advocate Prabhash Ranjan Thakur answered
In case a non bailable warrant has issued against your father, the at first he should move for bail from the concerning Police/DSP/SP or it will not to do so then have to file anticipatory bail petition before the CJM or DJ court for apprehension of arresting by the police.

Q: Case disposed and Regular Bail has been rejected by Civil Court, Patna

Sir,The petitioner has been booked under IPC sections 354A,354A,i,ii,354B,354C,354D,i,420,387,504,506.The petitioner filed for Regular Bail and after 5 hearings the civil court (DJ Division, Patna Sadar) has rejected it. Now what choices do i have to get the bail? The petitioner is behind the bars for more than a month. Also I would like to know how long can he be kept in jail without trail ?Thanking You

Advocate Prabhash Ranjan Thakur answered
No problem, if the regular bail has been rejected by the DJ, then you can move to seek regular bail from High Court against the rejected order and in case the High Court may be rejected the regular bail petition, then it can be sought liberty during pendency of the hearing that direction to be given to the DJ for completing the process of trail up to certain weeks/months or in case the trail process will not be furnished within certain period then the petitioner shall be liberty to move for regular bail either before DJ or Patna High Court as the case may be..

Q: Limitation for filing for rape that happened in 2010

This incident had done on 4th April 2010,that time she was 14 yrs and 5 month.On that time due to marriage her parents could not launch case and not given a police complaint.after this incident school had restricted that teacher.on that time someone said that he was addicted before her he committed rape with two another girls. Presently She married but her husband want to launch the case because her married life will affect.

Advocate Prabhash Ranjan Thakur answered
In such type of case the limitation period is not accounted by the court of law and the criminal case may be lodged against those in year 2016 why not the case has been committed in 2010 as rape case

Q: Wife filed false case of 498 against me and parents what to now

My wife has filed a dowry case against me and my parents as well as on my two married sisters. Which is totally false. She did this bcoz on 5th July I had filed a divorce.And when she came to know about the divorce they filed a dowry case against me and my family on 19th july. I filed for divorce bcoz she cheated me by withdrawing lakhs of rupees from my account as well as from my father's account with the help of one boy who is my neighbour. I have doubt that she has an affair with that boy.she and her family always used to abuse me and my family as her father is in police department. They always use to dominate us. Now its enough ,I don't want to live with her anymore. So can I get bail from the high court as right now I am on stay till next month. She cannot even conceive healthy child as she has some uterus defect also and I am the only boy of my parents.

Advocate Prabhash Ranjan Thakur answered
All abov allegations likes for uterus defects of yr wife, so you should go with her under doctors treatment for curing the defects and you should compromise with her along your and her family members