Code of Criminal Procedure, 1973 :

s. 438 - Anticipatory bail - Grant of - Complaint by wife u/s. 498A and s.406 r/w s.34 /PC against husband and his parents - Application for anticipatory bail - Grant of, by High Court, directing the husband to pay maintenance (both past and future) to his wife and child - Justification of - Held: Not justified - High Court or Sessions court cannot impose D freakish conditions - It can impose conditions stated in s. 438 ~ (2) and 437(3) - Any other condition would be beyond jurisdiction of the power conferred u/s. 438 - Thus, direction issued requiring the husband to pay maintenance (both past and future) to his wife and child set aside.  

The question which arose for consideration in this appeal was whether High Court was justified in imposing I condition requiring the appellant to pay a sum of Rs. l 12,500/- as maintenance (both past and future) to his wife I- ), I and child while granting anticipatory bail to him and his parents with reference to the complaint filed by his wife for alleged commission of offences punishable under ss. 498A and 406 read with s. 34 IPC.