C.R.M. 7104 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
Amherst Street W.P.S. Case No. 11 of 2018 dated 03.08.2018 under
Sections 498A/406/34 of the Indian Penal Code.
In the matter of : Subhrojyoti Ghosh @ Subhrojyoti Ghosh
… … petitioner
Mr. Dhananjay Banerjee
… … for the petitioner
Mr. Tauhid Khan
… … for the de facto complainant
Mr. Imran Ali,
Ms. Debjani Sahu
… … for the State
The petitioner seeks anticipatory bail in connection with Amherst
Street W.P.S. Case No. 11 of 2018 dated 03.08.2018 under Sections
498A/406/34 of the Indian Penal Code.
The State opposes the prayer on the basis of the statement of the
victim and the complaint.
The petitioner claims that the complaint was lodged several months
after the wife left the matrimonial home and even after filing of the
matrimonial suit in June, 2018.
Considering the material on record, there does not appear to be any
need to take the petitioner into custody at the moment as long as the
petitioner provides for maintenance for the wife. The petitioner will pay a
sum of Rs. 7,000/- (Rupees seven thousand) per month to the wife
beginning the September, 2018 by the 15 day of each month. In the event
of default in payment for any month, the de facto complaint and the State
will be entitled to seek cancellation of the bail.
If the wife is awarded any alimony pendente lite or maintenance or
the like by any other forum, the payments made in terms of this order will
be adjusted against the same.
Subject to the petitioner beginning to pay the maintenance, as
aforesaid, and continuing to do so, 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.)