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.
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
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
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
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
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.)