
The Supreme Court has set aside a Jharkhand High Court order that granted pre-arrest bail to a husband on the condition that he resume conjugal relations with his wife and treat her with dignity and honour.
The Supreme Court overturned this conditional order, stating that bail applications must be decided on their own merits and any conditions imposed must be traceable to Section 438(2) CrPC; otherwise could lead to further litigation.
The husband was booked under various IPC sections, such as 498-A and Section 323, along with Sections 3 and 4 of the Dowry Prohibition Act, 1961.
The matter has been remanded for fresh consideration.
[Anil Kumar v State of Jharkhand & Anr.]
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