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An Application For Anticipatory … vs Shyamal Dhali on 6 September, 2018

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36 06.09.2018
ss Allowed
C.R.M. 7078 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
Duttapukur P.S. Case No. 726 of 2018 dated 19.08.2018 under Sections
498A/324/325/420/308 of the Indian Penal Code.

And
In the matter of : Shyamal Dhali

… … petitioner
Mr. Saurav Chatterjee,
Mr. Palash Ch. Majhi
… … for the petitioner
Mr. Sabyasachi Mukherjee
… … for the de facto complainant
Ms. Faria Hossain,
Ms. Baisali Basu
… … for the State
The petitioner seeks anticipatory bail in connection with Duttapukur

P.S. Case No. 726 of 2018 dated 19.08.2018 under Sections

498A/324/325/420/308 of the Indian Penal Code.

The petitioner complains of false charges being lodged by his wife,

who was a member of the Gram Panchayet.

The de facto complainant is represented and says that she is no

longer a part of any Panchayet and she has been driven away from the

matrimonial home with her two minor sons.

The State produces the case diary and refers to the injury report.

Considering that the victim and her minor sons are at the paternal

residence of the victim, the petitioner is to provide for some maintenance.
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Subject to the petitioner paying a sum of Rs. 6,500/- (Rupees six

thousand and five hundred) per month on account of the maintenance of

the wife and the two minor children and such payment beginning for the

month of September, 2015 by 15th of such month, the petitioner will be

entitled to obtain anticipatory bail. The payment should be made in similar

manner for subsequent months and any default on the part of the

petitioner will entitle the State and the de facto complainant to seek

cancellation of the petitioner’s bail.

In the event any appropriate forum awards alimony, pendente lite or

maintenance or the like to the wife, the payment made in terms of this

order will be adjusted against the same.

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.

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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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