Supreme Court of India · 2004-12-06
Sunita Devi vs State Of Bihar And Ors
- Citation / case number
- AIR 2005 SUPREME COURT 498
- Court
- Supreme Court of India
- Petitioner
- Sunita Devi
- Respondent
- State Of Bihar And Ors
- Author
- Arijit Pasayat
- Bench
- Arijit Pasayat, S.H. Kapadia
Judgment text excerpt
The Supreme Court examined the validity of anticipatory bail granted under Section 438 of the Code of Criminal Procedure, 1973, to Anuj Kumar, who was accused of serious offenses including attempted rape and robbery. The Court held that the blanket protection provided by the Patna High Court was contrary to the legislative intent of the Code, emphasizing that such protection should be limited to allow the accused to apply for bail under Section 439. Consequently, the Court set aside the High Court's order and clarified the conditions under which anticipatory bail may be granted.