IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Writ Jurisdiction Case No. 2030 of 2017
Arising Out of PS.Case No. -null Year- null Thana -null District- SIWAN
Sunil Kumar Singh, S/o Sri Yogendra Singh, Resident of Village – Sarna Gulami
Rai Ka Tola, P.O. – Biswaniya, P.S. – Darauli, District – Siwan
…. …. Petitioner
1. The State of Bihar, through the Principal Secretary, Department of Home, New
2. Smt. Sunita Rai, D/o Sri Dhruv Deo Rai, Village – Semariya, P.O. – Semariya,
P.S. – Nautan, Dist. – Siwan
…. …. Respondents
For the Petitioner : Mr. Sumit Kumar Jha, Advocate
For the Respondents : Mr. Sheo Shankar Prasad, S.C. VIII
CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR
Heard learned counsel for the parties.
This writ application has been preferred for setting
aside the conditional order dated 18.07.2017 whereby anticipatory
bail has been granted to the petitioner by the learned Sessions Judge,
Siwan in A.B.P. No. 170 of 2017 in connection with Complaint Case
No. 637 of 2013 brought by the wife of the petitioner against the
petitioner and other relations for offences under Section 498A of the
Indian Penal Code and other offences of the Indian Penal Code as
well as Dowry Prohibition Act.
The bail was granted with condition that the
petitioner, who is doing job in Indian Navy, would pay Rs.15,000/- as
interim maintenance to the wife as well as the only son who is school
Patna High Court Cr. WJC No.2030 of 2017 dt.14-11-2017
Learned counsel for the petitioner submits that a
similar matter was considered by the Hon’ble Apex Court in Munish
Bhasin Others vs. State (Government of NCT of Delhi)
Another reported in 2009(4) SCC 45 and it was held that the Court
considering the prayer under Section 438 Cr.P.C. should not travel
beyond the requirement of conditions under Section 438(2) Cr.P.C.
nor should impose onerous condition.
According to the learned counsel, the order of grant
interim maintenance is not a condition required by Section 438
Cr.P.C., hence, the same is bad in law.
Considering the nature of relationship between the
parties and nature of the order, this Court is not inclined to interfere in
the matter. However, the matter is being sent to the court below to
consider the prayer of the petitioner in the light of the judgment
With the aforesaid observation, this application
stands disposed of.
(Birendra Kumar, J)
CAV DATE NA
Uploading Date 16.11.2017