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An Application For Anticipatory … vs In Re on 5 October, 2018

1

05.10.2018

Item no. 15
Ct. No.34
CHC
Allowed

C.R.A.N.2637 of 2018
In
C.R.M.6193 of 2018

Re:- An application for recalling being CRAN No.2637 of 2018

Ms. Minoti Gomes, Advocate
Ms. Mithu Mondal, Advocate

…for the petitioner
Mr. Arup Sarkar, Advocate
…for the State

Sufficient grounds have been made out as to why the petitioner

was not represented on August 24, 2018 when CRM 6193 of 2018

was dismissed for default.

The order dated August 24, 2018 is recalled and CRM 6193 of

2018 is restored to the file.

The restoration application, CRAN 2637 of 2018, is allowed as

above.

Re: C.R.M.6193 of 2018

and

In the matter of:- An application for anticipatory bail under
section 438 of the Code of Criminal Procedure filed on 14.08.2018
in connection with Gazole Police Station Case No. 281/2018 dated
06.06.2018 for alleged offence punishable under Sections
498A/323/307/34 of the Indian Penal Code.

And

In Re:-

Sariful Hoque
… Petitioner

By consent of the parties C.R.M.6193 of 2018 is taken up for

immediate consideration.

The petitioner seeks anticipatory bail in connection with

Gazole Police Station Case No. 281/2018 dated 06.06.2018 for
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alleged offence punishable under Sections 498A/323/307/34 of

the Indian Penal Code.

The State produces the case diary and refers to the statement

of the victim. However, there does not appear to be any serious

injury suffered by the victim.

Considering the material against the petitioner, there should

not be any impediment to the petitioner being granted anticipatory

bail. However, since the victim may have been driven out from her

matrimonial home and, at any rate, she is at her father’s house,

the petitioner should provide for her maintenance.

The petitioner will pay a sum of Rs.7,500/- per month to the

victim on account of maintenance. Such payment will be made,

beginning October, 2018 by the 15th day of each month.

In the event of default for any month, the victim and the State

will be entitled to seek cancellation.

In the event any appropriate forum passes an order for the

maintenance or alimony pendente lite or the like, the payments

made in terms of this order will be adjusted against the same.

Subject to the petitioner beginning to pay the monthly amount

on account of maintenance, 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.

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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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