In the case at hand, Wife has filed Complaint Case No.1100/2021 under section 498A, IPC accusing the appellant/husband of cruelty. The appellant had also filed a petition for dissolution of marriage before the Court of learned Principal Judge, Family Court, Bhagalpur.
However, later the parties had agreed to try to reconcile and the appellant also agreed to withdraw the divorce case. The husband had sought Anticipatory Bail in the cruelty case. The High court of Patna has passed an order in Criminal Misc. No.57492/2023 which granted Anticipatory Bail on onerous conditions.
The Current appeal has been filed against the said impugned order passed by the High Court of Patna which granted Anticipatory Bail on the condition that both the parties are directed to file a joint affidavit before the Court below to the effect that the parties have agreed to live together and petitioner must give specific statement in the said joint affidavit that “he undertakes to fulfill all physical as well as financial requirement of the complainant so that she can lead a dignified life without any interference of any of the family members of the petitioner.”
The court relied on the judgements Shri Gurbakash Singh Sibbia & Ors. v. State of Punjab and Parvez Noordin Lokhandwalla v. State of Maharashtra & Anr. Which made it clear that the court has to be cautious in placing conditions while granting bail as the purpose of the bail is to maintain the liberty of the accused and ensure a smooth and just process. Putting such conditions goes contrary to that.
The Supreme Court stated that such a condition can only be described as an absolutely improbable condition. A conductive environment is required for mutual respect and love to be developed, however, by placing onerous conditions on one party, the other party has clearly been made dominant over the other, it’ll be impossible for a proper relationship to be developed.
The Supreme Court of India held that the condition of the Anticipatory Bail to give undertaking that the appellant would fulfil all physical and financial requirements by way of an affidavit are set aside and the order granting bail is made absolute. The appeal stands disposed off.
-Research and Inputs By: Triaksh Kapoor