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An Application For Anticipatory … vs In Re on 20 September, 2018

1

20.09.2018

Item no. 54
Ct. No.34
CHC
Allowed

C.R.A.N.2506 of 2018
in
C.R.M.6569 of 2018

Re:- An application for recalling being CRAN No.2506 of 2018

Mr. Siddhartha Sarkar, Advocate
Mr. Hirak Roy, Advocate
…for the petitioner

Mr. Imran Ali, Advocate
Mr. Chittaranjan Ghosh, Advocate
…for the State

Sufficient grounds have been made out as to why the

petitioners were not represented on August 24, 2018 when CRM

6569 of 2018 was dismissed for default.

The order dated August 24, 2018 is recalled and CRM 6569 of

2018 is restored to the file.

The restoration application, CRAN 2506 of 2018, is allowed as

above.

Re: C.R.M.6569 of 2018

and

In the matter of:- An application for anticipatory bail under
section 438 of the Code of Criminal Procedure filed on 23.08.2018
in connection with Debra Police Station Case No. 367 of 2018
dated 04.07.2018 for alleged offence punishable under Sections
498A, 325, 323, 506 and 34 of the Indian Penal Code, 1960.

And
In Re:-

Joydeb Jana
… Petitioner
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The petition is taken up for immediate consideration.

The petitioner seeks anticipatory bail in connection with Debra

Police Station Case No. 367 of 2018 dated 04.07.2018 for alleged

offence punishable under Sections 498A, 325, 323, 506 and 34 of

the Indian Penal Code, 1960.

The petitioner is the husband of the defacto complainant who

has complained of demand for dowry and of cruelty and torture

being inflicted on her as the consequence of such demand not

being met.

It appears that petitioner’s wife may have been driven away

from the matrimonial home and she is at her paternal residence.

Considering the material against the petitioner, there may not

be any impediment to granting him anticipatory bail as long as he

provides for maintenance of the wife. Subject to the petitioner

paying a sum of Rs.5,000/- per month by the last date of each

month beginning September 2018, the petitioner will be entitled to

obtain anticipatory bail.

In the event of any default for any month, the defacto

complainant and the State will be entitled to seek cancellation.

In the event any proper forum passes an order for the

maintenance or alimony pendente lite or damages or like in favour
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of the wife, the payments made in terms of this order will be

adjusted against the same.

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.)

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