Appeal against an order by the Patna High Court, which imposed conditions for pre-arrest bail that were deemed impractical and burdensome. The Supreme Court emphasized the need for reasonable conditions that do not impede personal liberty or create undue hardship. The judgment references key precedents and underscores the principle that bail conditions should facilitate justice rather than hinder it. Consequently, the impractical conditions were set aside, and the bail was made absolute with reasonable terms.

1. Introduction:

• Maxim Referenced: 'Lex non cogit ad impossibilia' - 'the law does not compel a man to do what he cannot possibly perform'.
• Context: The practice of imposing onerous conditions for pre-arrest bail despite multiple decisions against it.

2. Case Background:

• High Court Order: Order dated 30.08.2023 by the Patna High Court in Criminal Miscellaneous No.57492 of 2023.
• Complaint Details: Complaint Case No.1100 of 2021 against the appellant under Section 498A of IPC and Section 4 of Dowry Prohibition Act.
• Initial Bail Request: Dismissed by Sessions Judge, Katihar.

3. Hearing:

• Parties Heard: Learned counsel for the appellant, the State, and the second respondent.
• Response: Second respondent filed a reply affidavit resisting the prayer, supported by the State.

4. Complaint Case Details:

• Marital Discord: Led to disputes and divorce proceedings.
• Divorce Petition: Filed by the appellant.
• Complaint: Filed by the wife alleging offences.

5. Relevant Decisions:

• Gurbakash Singh Sibbia Case (1980): Emphasized fair procedure and minimal restrictions on bail conditions.
• Parvez Noordin Lokhandwalla Case (2020): Conditions should be proportionate and not infringe on human dignity.

6. Court's Observations:

• Impractical Conditions: Conditions in the High Court order are unreasonable.
• Impact on Parties: Such conditions could exacerbate marital discord rather than resolve it.

7. Conclusion:

• Setting Aside Conditions: Conditions requiring an affidavit of financial and physical support deemed impractical.
• Absolute Bail: Bail granted on reasonable terms stipulated by the High Court, subject to Section 438(2) of Cr.P.C.
• Marital Obligations: Encouraged the couple to restore domestic harmony without releasing them from their duties.

8. Disposition:

• Order Set Aside: The impugned order's impractical conditions are set aside.
• Appeal Disposed of: The appeal is disposed of with the grant of absolute bail.

9. Final Notes:

• Pending Applications: Disposed of.