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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.)
