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An Application For Anticipatory … vs Monibur Rahaman on 9 October, 2018

1

358 09.10.2018
ss Allowed
C.R.M. 8197 of 2018

In the matter of : An application for anticipatory bail under Section 438 of
the Code of Criminal Procedure filed on 19.09.2018 in connection with
Murarai P.S. Case No. 361 of 2018 dated 13.09.2018 under Sections
498A/323/307/406/34 of the Indian Penal Code and Sections 3/4 of the
Dowry Prohibition Act.

And

In the matter of : Monibur Rahaman

… … petitioner
Mr. Prosenjit Mukherjee
… … for the petitioner
Mr. Imran Ali,
Mr. M.F.A. Begg
… … for the State

The petitioner seeks anticipatory bail in connection with Murarai P.S.

Case No. 361 of 2018 dated 13.09.2018 under Sections

498A/323/307/406/34 of the Indian Penal Code and Sections 3/4 of the

Dowry Prohibition Act.

The petitioner says that the marriage lasted for more than eight years

before a complaint was suddenly lodged by the wife upon the wife deserting

the matrimonial home with her two children.

The petitioner is in the army and claims his monthly salary to be Rs.

33,000/- (Rupees thirty three thousand).

The State produces the case diary.

2

Considering the material against the petitioner, particularly since

there is no report of any injury, there may not be any need to take the

petitioner into custody. However, the petitioner is to pay a sum of Rs.

12,000/- (Rupees twelve thousand) per month to the wife beginning

October, 2018 and payable by the 15th day of each month for the petitioner

to be entitled to the benefit in terms of this order. In case of default for any

month, the de facto complainant will be entitled to seek cancellation.

In the event any appropriate forum awards any maintenance or

alimony pendente lite or damages or the like in favour of the victim, the

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

Subject to the above, 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.

3

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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