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An Application For Anticipatory … vs Milan Sutar on 6 September, 2018

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40 06.09.2018
ss Allowed
C.R.M. 7083 of 2018

In the matter of : An application for anticipatory bail under Section 438 of
the Code of Criminal Procedure filed on 04.09.2018 in connection with
Kharagpur (Local) P.S. Case No. 403 of 2017 dated 17.08.2017 under
Sections 498A/406/313/325/34 of the Indian Penal Code read with
Sections 3/4 of the Dowry Prohibition Act.

And

In the matter of : Milan Sutar

… … petitioner
Mr. Navanil De,
Mr. S. Biswas,
Mr. Rajeshwar Chakraborty
… … for the petitioner
Mr. Rana Mukherjee,
Mr. Kaushik Majumder
… … for the State

Liberty is given to advocate for the petitioner to correct the year in the

cause title.

The petitioner seeks anticipatory bail in connection with Kharagpur

(Local) P.S. Case No. 403 of 2017 dated 17.08.2017 under Sections

498A/406/313/325/34 of the Indian Penal Code read with Sections 3/4 of

the Dowry Prohibition Act.

The State opposes the prayer and refers to the statement of the

victim to the effect that she was subjected to continuous torture on

demand of dowry and that due to the physical assault she suffered a

miscarriage.

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It also appears that the victim is no longer at the matrimonial house

and is at her paternal home with her minor son.

Subject to the petitioner providing for the maintenance of the victim

and her minor son at the rate of Rs. 6,500/- (Rupees six thousand and five

hundred) per month beginning September, 2018 and payable by the 15th

day of the month, the petitioner will be entitled to anticipatory bail.

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

State will be entitled to seek cancellation of petitioner’s bail. If any

appropriate forum awards alimony pendente lite or maintenance or the like

to the victim, the payments made in terms of this order will be adjusted

against the same.

It will also open to the victim to request the investigating officer to

accompany the victim to recover whatever stridhan articles may be at the

matrimonial home.

In the event of arrest, the petitioner will be granted bail upon

furnishing 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 is directed to meet the
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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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