Can Condition Of Payment Of Maintenance Be Imposed While Granting Anticipatory Bail? Supreme Court Issues Notice

Can a Court impose a condition of payment of maintenance while granting anticipatory bail ? The Supreme Court recently issued notice in a special leave petition that raises this question.

In this case, a complaint was filed against the accused by the wife under Sections 323, 379 and 498A of the Indian Penal Code and Sections 3/4 of the Dowry Prohibition Act. Apprehending arrest, the accused approached the Patna High Court. Though it granted him anticipatory bail, it directed that he should pay maintainence of Rs. 10,000.

Challenging this condition imposed, the accused approached the Apex Court and relied on Munish Bhasin Vs. State Govt. of NCT of Delhi (2009) 4 SCC 45 to contend that such a condition is not sustainable. In the said judgment, it was observed thus: In a proceeding under section 438 of the Code, the Court would not be justified in awarding maintenance to the wife and child.... Normally, the question of grant of maintenance should be left to be decided by the competent Court in an appropriate proceedings where the parties can adduce evidence in support of their respective case, after which liability of husband to pay maintenance could be determined and appropriate order would be passed directing the husband to pay amount of maintenance to his wife.

While issuing notice, the bench of Justices Ajay Rastogi and CT Ravikumar stayed the condition.

Case: Abhishek Katyayan vs State of Bihar | Special Leave to Appeal (Crl.) No(s). 8750/2022

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