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december 2004

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.

Sunita Devi vs State Of Bihar And Ors · Niyam