Supreme-Court-oF-India

SC dismisses plea against Patna High Court’s order to pay maintenance for anticipatory bail

By Astha Joshi-

The Supreme Court Bench of Justices NV Ramana, Surya Kant, and Aniruddha Bose refused to interfere with the Patna High Court’s decision to make the appellant pay maintenance to his wife for anticipatory bail.

The Court stated,

“…having carefully perusing the material placed on record, we see no reason to interfere with the impugned order passed by the High Court. The special leave petition is, accordingly, dismissed.”

The Patna High Court had asked the appellant to pay Rs 20,000 to his wife for anticipatory bail under Section 438 of the CrPC.

The petition said that the condition to pay for the anticipatory bail was “onerous, unwarranted and beyond jurisdiction.”

The petitioner, represented by Advocates Vaibhav Choudhary and Lzafeer Ahmad BF, also claimed that the oral arguments made by the arguing counsel about his willingness to pay for maintenance was erroneous and was unknown to him.

The Supreme Court, however, found no reason to interfere with the High Court’s order.