C.R.M. 8191 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 New
Town P.S. Case No. 392 of 2018 dated 11.09.2018 under Sections
498A/506/34 of the Indian Penal Code.
In the matter of : Sri Sanjay Singh
… … petitioner
Mr. Goutam Misra
… … for the petitioner
Mr. Sujoy Sarkar
… … for the State
The petitioner seeks anticipatory bail in connection with New Town
P.S. Case No. 392 of 2018 dated 11.09.2018 under Sections 498A/506/34
of the Indian Penal Code.
The petitioner is the husband of the victim and has appended a copy
of a complaint addressed by the victim to the New Town Police Station on
September 11, 2018.
The State produces the case diary.
Considering the material on record against the petitioner, there may
not be any need for him to be taken into custody as long as the petitioner
provides for the maintenance of the wife and the girl child.
The petitioner has offered to pay a sum of Rs. 10,000/- (Rupees ten
thousand) per month towards maintenance of his wife and the girl child.
Such payment should be made by the 15th day of each month
beginning October, 2018 for the petitioner to be entitled to benefit in terms
of this order. In case of any default for even a 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 the 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.
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.)