• Provision for arrest under section 354 & 325

Two persons (neighbours) tried to rape my wife when she was alone at his room and i was out of home. When she cried for help my elder brother alingwith her wife & our mother came to see the matter and saved her. After this both accused ran to their house and my elder brother & other family petsons tried to chase them and ask them for this wrong attempt. But both the accused persons attacked on all four persons of my family side with the help of their family membets (8-9 persons). 
They all attacked with rods & sticks and all my family members were seriusly injured and factured on various body parts. My brother was admitted in icu after the operation for 3 days.
The police is also taking favor of the accused and must have taken bribe from them. However they have now enteted the case of 354 after one & half month. And most likely the will add 325 for the injuries.
My question is that what appropriate sections should be their?
Secondly is there any provison to arrest them.If arrested then can they will get bail or not. And what can be done so that they will remain arrest as long it can be.
Thanks
Asked 2 years ago in Criminal Law from Bilaspur, Himachal Pradesh
1. Section 376 will also be added. Attempt of rape also comes under section 376.
2.Police is involved with the accused persons. Go to high court and file writ petition against police inaction.
Devajyoti Barman
Advocate, Kolkata
5246 Answers
54 Consultations
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File counter FIR against them, if police do not take FIR,  give notice to SSP of  your Area, if no result yelded than you can lodge  FIR through 156(3) CRPC, you can also file complaint against them u/s 200Crpc,  even file a writ in High Court u/s 482 Crpc
Soumya Kundu
Advocate, Kolkata
87 Answers
0 Consultations
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FIR under 376 should be register along with other sections as your brother and other family have also been injured.file 156(3 for registration of FIR under the section
Rajeev Bari
Advocate, New Delhi
1506 Answers
92 Consultations
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interim bail is allowed for a purpose which has to be stated
Rajeev Bari
Advocate, New Delhi
1506 Answers
92 Consultations
3.5 on 5.0
1. Hoe you have mentioned the details of the incidence while lodging your police complaint,

2. File a Writ Petition before the High Court against Plice inaction,

3. They may get bail, which is normal, for any alleged offence if they can prove that by their being enlarged, they can not destroy any evidence, will not influence the witnesses and run away,

4. So, if they are given bail, you can file an application before the High Court praying for cancellation of their bail giving evidence tath they are influencing the witness, destrying the evidence and planning to run away.
Krishna Kishore Ganguly
Advocate, Kolkata
12131 Answers
233 Consultations
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1. Bail once granted is very hard to be cancelled. Read famous Dolat Ram case of supreme court if India.

2. Bail is cancelled only when there is serious allegations of breach and violation of conditions of bail which is prima facie proved.

3. There is yawning gap of difference between rejection of bail and cancellation of bail which is allowed sparingly in very rare cases
Devajyoti Barman
Advocate, Kolkata
5246 Answers
54 Consultations
4.9 on 5.0
1.Nothing, Since it is cross case both the cases will be tried together.
2. Do take bail in the cross case also. Taking bail in this case should not be at all difficult.
Devajyoti Barman
Advocate, Kolkata
5246 Answers
54 Consultations
4.9 on 5.0
1. Take AB for the cross case filed against you,

2. Apply for the cabcellation of their bail to take chance citing reasons for such cancellation.
Krishna Kishore Ganguly
Advocate, Kolkata
12131 Answers
233 Consultations
5.0 on 5.0
1. Police seems to be acting in cahoots with those who attempted to rape your wife. Rape charges ought to have been slapped against them. On the contrary, police has pressed into service very light charges against them. The leniency shown by police to them smacks of corruption. It seems that the palms of concerned cops have been greased with currency notes. The remedy for you is to move the High Court. 

2. Bail was going to be granted to them as stringent sections were not been pressed into service by police. Comparatively lenient sections were slapped by police with the object of providing an escape route to the accused is as much as they could obtain bail from court. Now that they are granted bail you may challenge that part of the order by filing an appeal subject to the purpose for which bail has been granted. What will be the outcome of your challenge we cannot foretell.

3. As regards the cross FIR which they have filed against you it is expedient that you should bail out yourself and then contest their case.
Ashish Davessar
Advocate, Jaipur
18183 Answers
449 Consultations
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