Anil Kumar vs State of Jharkhand - CrPC - Anticipatory Bail Condition To Resume Conjugal Life
Code of Criminal Procedure 1973 - Section 438 - [Bharatiya Nagarik Suraksha Sanhita 2023 - Section 482] - High Court granted anticipatory bail to an accused on condition that he resumes conjugal life with his wife and maintains her with dignity and honour as his lawful wife- Allowing appeal, SC observed: While considering the application for pre-arrest bail of the appellant, the Court ought to have assessed whether the discretionary relief sought by the appellant for pre-arrest bail deserved to be granted within the settled 2 parameters; if yes, conditions which are traceable to Section 438(2), could be imposed, but a condition such as the one impugned before us ought not to have been imposed in view of several decisions of this Court - Referred to Mahesh Chandra v. State of U.P. and Munish Bhasin v. State (NCT of Delhi)
Case Info
Case Name and Neutral Citation
- Case Name: Anil Kumar vs. The State of Jharkhand & Anr.
Coram
- Hon’ble Mr. Justice Dipankar Datta
- Hon’ble Mr. Justice Augustine George Masih
Judgment Date
- July 29, 2025
Caselaws and Citations
The judgment refers to the following Supreme Court decisions:
- Mahesh Chandra v. State of U.P.
- Citation: (2006) 6 SCC 196
- Munish Bhasin v. State (NCT of Delhi)
- Citation: (2009) 4 SCC 453
Statutes/Laws Referred
- Indian Penal Code, 1860
- Sections: 498-A, 323, 313, 506, 307, 34
- Dowry Prohibition Act, 1961
- Sections: 3 and 4
- Code of Criminal Procedure, 1973
- Section 438(2)