Item no. 125
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.
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.
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
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
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.
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.)