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:

  1. Mahesh Chandra v. State of U.P.
    • Citation: (2006) 6 SCC 196
  2. 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)