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REGARDING APPEARANCE IN SESSION COURT WITHOUT BAIL
24-Apr-2025 (In Divorce Law)
I was summoned last year to appear on 28th nov on my first hearing date after cognisance under 498A/34 and 3/4 dowry prohibition act. I could not appear on that day as my advocate did not let me appear while I was in court at that day. He mentioned I could not appear in court without having anticipatory bail. Now my bail is rejected from session court and my next hearing date is on 29th April in this month. What I should do ? Should I appear in court or wait for getting bail from high court ?
You must have to appear after the summon, but you lose that chance. Now you must have to wait until you get anticipatory bail from Patna High Court. After taking Anticipatory bail you may appear in district court.
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Adv. Ankit Raj
Patna | 25+ Answers
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In your case, since the matter involves serious allegations under Sections 498A/34 IPC and Sections 3/4 of the Dowry Prohibition Act, and your anticipatory bail has already been rejected by the Sessions Court, it is strongly advised that you move the High Court for anticipatory bail as soon as possible. Avoiding appearance in court without protection from arrest can lead to issuance of a non-bailable warrant (NBW), and possibly judicial custody.
However, if your hearing date is close and your High Court bail application is still pending or not yet filed, you should not remain absent from court. Instead, you can appear in court and through your lawyer request the court to grant interim protection or submit a surrender application along with a request for regular bail. Judges generally appreciate voluntary surrender and cooperation with the legal process, which can help in securing bail more easily.
Avoiding court appearance without any legal protection will only worsen your position, as it may be viewed as an attempt to evade the process of law. Consult your advocate and proceed immediately with the High Court bail application if not already filed. If time is short, appearing in the trial court and applying for regular bail after surrendering may be a safer and more proactive approach.
In conclusion, do not ignore the hearing date. Appear with legal assistance and either request interim relief or apply for regular bail while your anticipatory bail is being pursued in the High Court.
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Adv. Shivam Kumar
Patna | 25+ Answers
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