Supreme Court Overturns Jharkhand HC Order Linking Bail to Resuming Conjugal Life
The judges ruled that section 438 CrPC does not authorize courts to attach private marital obligations to anticipatory bail.
Overview
- A bench of Justices Dipankar Datta and Augustine George Masih set aside the February High Court order that tied anticipatory bail to the accused resuming conjugal life and maintaining his wife’s dignity
- The court held that imposing personal marital duties exceeds the scope of section 438 of the Criminal Procedure Code and departs from settled bail jurisprudence
- The accused, facing charges under multiple IPC sections and the Dowry Prohibition Act, will have his anticipatory bail application reheard by the Jharkhand High Court on its merits
- Until the High Court issues its new decision, the apex court’s interim protection against the accused’s arrest remains in force, conditional on his cooperation with the investigation
- The decision reinforces that bail conditions must rest solely on legal and factual criteria rather than private or familial obligations