On 16.10.2020, a three-judge bench of the Supreme Court dismissed an appeal challenging condition of anticipatory bail. It was filed against the order passed by the Patna High Court.
The High Court of Patna had directed the petitioner to pay his wife Rs 20000 per month as a condition for getting anticipatory bail.
Brief Facts of the Case:-
The wife of the petitioner had filed a case of domestic violence against the petitioner. Fearing arrest, the petitioner approached the Patna High Court and applied for Anticipatory Bail.
During the hearing of the case, the Hon’ble Judge came to know that a divorce case was also going on between the husband and wife.
In view of above, Hon’ble High Court granted Anticipatory Bail to the petitioner. But imposed a condition that he should pay Rs 20,000 to his wife monthly as maintenance.
The petitioner applied for modification of the order, but it was dismissed by High Court. Aggrieved by order of the Patna High Court, the petitioner moved the Supreme Court of India.
Supreme Court Rejected the Plea
Learned counsel for the petitioner relied on Munish Bhasin & Ors vs NCT of Delhi. In this case the Supreme Court had set aside the order passed by the High Court, where the High Court had directed the husband to pay maintenance to the wife as a condition for anticipatory bail.
The Court ruled that there was no need to interfere with the order passed by the High Court and accordingly dismissed the petition.
Therefore, the condition of payment of maintenance to wife for Anticipatory bail was upheld by Supreme Court.
Title: MOHAN MURARI VERSUS THE STATE OF BIHAR & ANR
Case No. SLP No. 20961/2020
Date Of Order: 16.10.2020
Coram: Hon’ble Justice NV Ramana, Hon’ble Justice Surya Kant and Hon’ble Justice Krishna Murar