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An Application For Anticipatory … vs Sri Sanjay Singh on 9 October, 2018

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353 09.10.2018
ss Allowed
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.

And

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.
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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.)
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