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How to get bail and stop arrest in case of IPC 306
15-Aug-2023 (In Family Law)
Dear Sir, I am from Rajasthan. Let me tell you about my family. My father passed away in 2007 and we are three. One is my mom, my younger brother and me. We both are married. My younger brother's wife passed away because she took poison by herself. We couldn't save her. Her family put case against my mother and younger brother under IPC-306. Younger brother is in the jail and police are trying to find my mother to take in the jail. It's been more than one month. I am studying in delhi. My younger brother's career has already spoiled. How can I get out him from the jail and save my mom to arrest by police. Thanks
Hi, dear
I suggest you move anticipatory bail application before the hon'ble court of session judge for interim protection.
Or you can file writ petition before the hon'ble high court of Rajasthan, therefore contest the case.
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Adv. Sanjeev Sarkar
Delhi | 25+ Answers
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You would have to file a bail application in the criminal court of local jurisdiction in Rajasthan for your brother. For your mother, you will have to file an application for anticipatory bail. Please engage a decent lawyer in the court where the jurisdiction of the said police station falls.
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Adv. Rishabh Kapur
Delhi | 25+ Answers
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Firstly, you need to understand that IPC 306 is a very serious offence and is non-bailable. It is important to talk in detail about the facts which led to her taking such a drastic step. It can be of some help to have an insight into the facts. The first and foremost step you have to take is to apply for anticipatory bail for your mother. It might sound a bit harsh, but there is less possibility of having your brother out on bail before the next few months, depends on how the trial shall proceed in the days to come. As far as your mother is concerned you should apply for anticipatory bail at the earliest. No career is spoiled. Mere accusations won't suffice.
I would suggest you do not evade the process of law, as it can be detrimental to your interests and further complicate the matter.
NOTE: Please bear in mind, that the opinion is based on the factual matrix that has been provided by you and can undergo change upon addition of more facts and can be supplemented with more information.
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Adv. Anirudh Kanav
Delhi | 25+ Answers
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first of all tell me where and when the alleged offence was committed and the case was at which stage then we will adopt the appropriate court procedure either to get bail or quash the proceeding as per the jurisdiction.
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Adv. Ranjan Kumar Rai
Delhi | 25+ Answers
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Hi first of all what are the charges and all what was the extract position that time what are the proof and all what did the court say did the police file a complain against u regarding the same what is the police saying to u why are the police searching The mother when she Has no role only in this was there any kind of inquiry and all been done before This what is the complain and all about the which is been done
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Adv. Yash Karan Jain
Delhi | 400+ Answers
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Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.
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