Maya Devi v. The State of Bihar
Case brief
What is this about?
Patna High Court Criminal Appeal (SJ) No.1703 of 2024, decided 03-10-2024 by Justice Prabhat Kumar Singh. Appellant: Maya Devi (wife of Ramesh Sharma); Respondents: State of Bihar and Radha Kumari (informant, wife of Tufanu Sharma). Challenge to rejection of anticipatory bail (order dated 30.01.2024, Special Judge, SC/ST Act, Purnea) in Amour P.S. Case No. 329 of 2023 under IPC Sections 147, 148, 341, 323, 354, 504/379 and SC/ST Act Sections 3(1)(r)(s), 3(2)(va). Defence points: about two months' delay in FIR without explanation, general and omnibus allegations, no specific overt act, case and counter case, no public witness (no SC/ST Act offence), lady accused of clean antecedent. Outcome: appeal allowed qua appellant; impugned order set aside; bail on arrest/surrender within six weeks on Rs. 10,000/- bond with two like sureties. Keywords: anticipatory bail, SC/ST Act, abuse by caste name, omnibus allegation, woman accused, clean antecedent, bail-bond.