Court Cannot Force a Husband to Resume Conjugal Life as Bail Condition: Supreme Court

The Supreme Court recently set aside a pre-arrest bail condition imposed on a husband to resume conjugal life with his wife, and maintain her with dignity and honour as his lawful wife.

A bench of Justices Dipankar Datta and AG Masih noted that the High Court should have considered the prayer for pre-arrest bail entirely on its own merit instead of imposing a condition which is not traceable to Section 438(2), of Criminal Procedure Code.

In the instant case, the husband was accused of offences under Sections 498-A, 323, 313, 506, 307 and 34 of the Indian Penal Code, 1860 as well as under Sections 3 and 4 of the Dowry Prohibition Act, 1961.

Supreme Court has said that the Court ought to have assessed whether the discretionary relief sought for pre-arrest bail deserved to be granted within the settled parameters; if yes, conditions which are traceable to Section 438(2), Code of Criminal Procedure, 19731 could be imposed, but a condition such as the one impugned ought not to have been imposed in view of several decisions of the Supreme Court.

It was found that while the husband had indeed agreed to resume conjugal life before the Jharkhand High Court, the wife insisted for imposition of a further condition to which the husband did not agree.

"The spouses seemingly, at one point of time, had drifted apart and resided separately for some time. Imposing a condition that the appellant would maintain the respondent no.2 with dignity and honour is beset with risk in that it can generate further litigation. An application for cancellation of bail on the ground that such condition has not been complied with, if filed later, is bound to meet opposition from the appellant and could place the High Court in further difficulty. The High Court could find itself disabled to decide a disputed question of fact, in an application for pre-arrest bail....", the Supreme Court further noted.

Accordingly, the supreme court ordered for the anticipatory bail application, on the file of the High Court, to be restored to its original file and number.

"We request the High Court to decide A.B.A. No. 4200 of 2024 afresh on its own merits, as early as possible. Till such time A.B.A. No. 4200 of 2024 is decided finally in terms of this order, interim protection granted to the appellant by this Court on 3rd April, 2025 shall continue...", Court further ordered.

Case Title: ANIL KUMAR vs. THE STATE OF JHARKHAND & ANR.

Judgment Date: July 29, 2025

Bench: Justices Dipankar Datta and AG Masih