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An Application For Anticipatory … vs Sk. Apter@Akter@Mukul on 9 January, 2019

1

A 266 09.01.2019
ss Allowed
C.R.M. 11727 of 2018

In the matter of : An application for anticipatory bail under Section 438 of
the Code of Criminal Procedure filed on 19.12.2018 in connection with
Ramnagar P.S. Case No. 262 of 2018 dated 08.10.2018 under
Sections
498A/
323/325/307 of the Indian Penal Code and Sections 3/4 of the
Dowry Prohibition Act.

And

In the matter of : Sk. Apter@Akter@Mukul
… … petitioner
Mr. Sk. Sahjahan Ali
… … for the petitioner
Mr. Imran Ali,
Mr. Sk. Arif Hossain
… … for the State

The petitioner seeks anticipatory bail in connection with Ramnagar

P.S. Case No. 262 of 2018 dated 08.10.2018 under Sections

498A/323/325/307 of the Indian Penal Code and Sections 3/4 of the

Dowry Prohibition Act.

The State produces the case diary and says that there are at least

two incidents of assault complained of by the wife, the second of them

being on October 4, 2018 during the final month of the pregnancy.

The petitioner offers to provide for the maintenance for his wife and

the two children. The petitioner offers to pay a sum of Rs. 4,000/- (Rupees

four thousand) per month on such account on the ground that the

petitioner is a daily wage earner.

2

The petitioner should deposit the amount for the month of January,

2019 by the 15th of this month and continue the payments for the

subsequent months in similar manner. In case of any default, the wife will

be entitled to seek cancellation. If any other appropriate forum passes an

order for alimony pendente lite or maintenance or the like, the payments

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

Subject to the payment for the month of January, 2019 being first

made, in the event of arrest, the petitioner will be granted bail upon

furnishing a bond 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, till the investigation is completed.

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.

(Suvra Ghosh, J.) (Sanjib Banerjee, J.)

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