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03.10.2018

Item no. 125
Ct. No.34
CHC
Allowed

C.R.M. No.7869 of 2018

In Re:- An application for anticipatory bail under section 438 of
the Code of Criminal Procedure filed on 13.09.2018 in connection
with Garhbeta Police Station Case No. 238 of 2018 dated
14.7.2018 for alleged offence punishable under Sections
498A/323/313/406/34 of the Indian Penal Code.

And

In Re:-

Mahammad Khan
… Petitioner

Mr. Uday Sankar Chatterjee, Advocate
.. for the petitioner

Ms. Sonali Bhar, Advocate
..for the State

The petitioner seeks anticipatory bail in connection with

Garhbeta Police Station Case No. 238 of 2018 dated 14.7.2018 for

alleged offence punishable under Sections 498A/323/313/406/34

of the Indian Penal Code.

The State produces the case diary and says that the allegation

is that the petitioner’s wife was forcibly administered some

medicine which resulted in her suffering a miscarriage. The

incident took place within a year of the marriage.
2

Considering the material against the petitioner, there is no

need to take him into custody. However, the petitioner has to

provide for the maintenance of the wife who is now living with her

father.

Subject to the petitioner paying a sum of Rs.7,000/- per month

to the de facto complainant beginning October, 2018 and payable

by the 15th day of each month, the petitioner will be entitled to the

benefit as conferred hereafter. In default of payment for any

month, both the State and the de facto complainant will be entitled

seek cancellation.

If any appropriate forum awards maintenance or alimony

pendente lite or the like to the victim, the payments made in terms

of this order will be adjusted against the same.

Subject to the maintenance amount being duly paid, in the

event of arrest, the petitioner will be granted bail upon furnishing

a security of Rs.10,000/- (Rupees ten thousand only), with two

sureties of Rs.5,000/- (Rupees five thousand only) each, one of

whom must be local, to the satisfaction of the Arresting Officer,

subject to the conditions as laid down in Section 438 (2) of the

Code of Criminal Procedure, 1973. In addition, the petitioner will

also report to the Investigating Officer at such time and place as

may be specified by the concerned police officer.
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The petition for anticipatory bail is allowed subject to the

conditions as indicated above.

A certified copy of this order be immediately made available to

the petitioner subject to compliance with all requisite formalities.

(Abhijit Gangopadhyay, J.) (Sanjib Banerjee, J.)