In Brief
The appellants were accused of assaulting an elderly woman (Jagmati Kunwar), treating her as a "witch," and stripping her in February 2020 in Bihar. An FIR was registered under Sections 341, 323, 354B IPC and the Prevention of Witch Practices Act. The Trial Court took cognizance and issued summons. The appellants failed to appear despite multiple orders, and the Trial Court issued bailable then non-bailable warrants. They then filed an anticipatory bail application before the High Court while absconding. The Trial Court subsequently issued proclamation under Section 82 Cr.P.C (for absconding accused). The High Court rejected their bail plea. The Supreme Court dismissed their appeal, holding that pending an unadjudicated anticipatory bail application without interim relief, the Trial Court can validly proceed under Section 82 Cr.P.C. Filing a bail application through counsel does not constitute appearance or negate absconding, and accused defying court orders are not entitled to anticipatory bail protection.
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