SUDEEP CHATTERJEE Vs. STATE OF BIHAR

JUDGEMENT

(1.) Leave granted.'Lex non cogit ad impossibilia' means 'the law does not compel a man to do what he cannot possibly perform'. The said maxim is being followed as an adage and with alacrity. We are constrained to refer to the said maxim on being pained to see that despite a catena of decisions deprecating the practice of putting onerous conditions for pre-arrest bail such orders are being passed without giving due regard to the binding precedents.

(2.) The case on hand arises from an order dtd. 30/8/2023 passed by the High Court of Judicature at Patna in Criminal Miscellaneous No.57492 of 2023 whereby and whereunder the High Court granted provisional pre-arrest bail in Complaint Case No.1100 of 2021 registered against the appellant herein, alleging commission of offences punishable under Sec. 498A of the Indian Penal Code, 1860 (for short 'the IPC') and Sec. 4 of the Dowry Prohibition Act, 1961.

(3.) Heard the learned counsel appearing for the appellant, learned counsel appearing for the State and also the learned counsel appearing for the second respondent. The second respondent filed reply affidavit and resisted the prayer for interfering with the conditions put in the impugned order. The counsel for the State endorsed the view and contentions raised on behalf of the second respondent.