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A 133 08.01.2019
ss Allowed
C.R.M. 11471 of 2018
In the matter of : An application for anticipatory bail under Section 438 of
the Code of Criminal Procedure filed on 14.12.2018 in connection with
Malda P.S. Case No. 446 of 2018 dated 21.10.2018 under Sections
498A/323/325/354/307 of the Indian Penal Code read with Sections 3/4
of the Dowry Prohibition Act.
And
In the matter of : Bubai Ray @ Bubai Roy
… … petitioner
Mr. Avinaba Patra
… … for the petitioner
Mr. Arijit Ganguly,
Mr. Avik Ghatak
… … for the State
The petitioner seeks anticipatory bail in connection with Malda P.S.
Case No. 446 of 2018 dated 21.10.2018 under Sections
498A/323/325/354/307 of the Indian Penal Code read with Sections 3/4
of the Dowry Prohibition Act.
The petitioner claims that a completely false charge has been brought
against him by the wife and the several attempts by the petitioner to
persuade the wife to return to the matrimonial home have failed. The
petitioner refers to a petition for restitution of conjugal rights.
However, the petitioner is willing to provide for the maintenance for
the petitioner’s minor daughter who is living with her mother.
The State produces the case diary and refers to the complaint.
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Considering the material against the petitioner, there may not be any
need to take him into custody at this stage. Since the petitioner offers to
pay a sum of Rs. 4,000/- (Rupees four thousand) per month towards the
maintenance for his daughter, the petitioner should make the payment for
the month of January, 2019 by the 15th day of this month and continue to
make payments for the subsequent months in similar manner. In case of
any default, the wife will be entitled to seek cancellation. If any other
appropriate forum passes an order for alimony pendente lite or
maintenance or the like, the payments made in terms of this order will be
adjusted against the same.
Subject to the payment for the month of January, 2019 being first
made, in the event of arrest, the petitioner will be granted bail upon
furnishing a bond 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 is directed to meet the
investigating officer at such time and place as may be specified by the
concerned police officer, till the investigation is completed.
The petition for anticipatory bail is allowed subject to the conditions
as indicated above.
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A certified copy of this order be immediately made available to the
petitioner, subject to compliance with all requisite formalities.
(Suvra Ghosh, J.) (Sanjib Banerjee, J.)
