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An Application For Anticipatory … vs Mrs. Nilima Das & Anr on 10 October, 2018


384 10.10.2018
ss Allowed
C.R.M. 7236 of 2018

In the matter of : An application for anticipatory bail under Section 438 of
the Code of Criminal Procedure filed on 05.09.2018 in connection with
Serampore P.S. Case No. 402 of 2018 dated 16.08.2018 under Sections
498A/406 of the Indian Penal Code.


In the matter of : Mrs. Nilima Das Anr.

… … petitioners
Mr. Rajendra Chaturvedi
… … for the petitioners
Mr. Abhijit Chowdhary
… … for the de facto complainant
Ms. Sonali Das
… … for the State

The petitioners seek anticipatory bail in connection with Serampore

P.S. Case No. 402 of 2018 dated 16.08.2018 under Sections 498A/406 of

the Indian Penal Code.

Pursuant to the previous order the de facto complainant is present in

the Court. The petitioner no. 2 is also present.

According to the de facto complainant, the stridhan articles are at the

matrimonial house, though the petitioners say that the de facto

complainant has carried the same away when she left the matrimonial


The de facto complainant was requested to be present in Court or

represented in a bid to ascertain whether the matrimonial rift could be

stitched. However, it appears from the stands taken by both the principal

parties that the differences may be irreconcilable.

Considering the material against the petitioners, there may not be

any impediment to grant them anticipatory bail as long as the petitioner

no. 2 provides for the maintenance of his wife and twin children.

Subject to the petitioner no. 2 paying a sum of Rs. 15,000/- (Rupees

fifteen thousand) per month towards the maintenance of his wife and twin

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

the petitioners will be entitled to the benefit in terms of this order. In

default of payment for any month, the de facto complainant and the State

will be entitled to seek cancellation of the bail of the second petitioner.

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 the same.

Subject to the payment being made for the month of October, 2018

as aforesaid, in the event of arrest, the petitioners will be granted bail upon

furnishing security of Rs. 10,000/- (Rupees ten thousand only) each, 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 petitioners are 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

petitioners, subject to compliance with all requisite formalities.

(Abhijit Gangopadhyay, J) (Sanjib Banerjee, J.)

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