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An Application For Anticipatory … vs Tarun Das & Anr on 4 January, 2019

1

53
108 04.01.2019
ss Allowed
C.R.M. 11298 of 2018

In the matter of : An application for anticipatory bail under Section 438 of
the Code of Criminal Procedure filed on 11.12.2018 in connection with
Garbeta P.S. Case No. 448 of 2018 dated 03.12.2018 under Sections
498A/323/354/506/34 of the Indian Penal Code.

And

In the matter of : Tarun Das Anr.

… … petitioners

With

C.R.M. 11374 of 2018
In the matter of : An application for anticipatory bail under Section 438 of
the Code of Criminal Procedure filed on 11.12.2018 in connection with
Garbeta P.S. Case No. 448 of 2018 dated 03.12.2018 under Sections
498A/323/354/506/34 of the Indian Penal Code.

And

In the matter of : Barun Kumar Das
… … petitioner

Mr. Asim Chakraborty,
Mr. Snehasis Jana
… … for the petitioners
Mr. Imran Ali,
Mr. Sk. Arif Hossain
… … for the State in C.R.M. 11298 of 2018
Mr. Imran Ali,
Mr. Md. Kutubuddin
… … for the State in C.R.M. 11374 of 2018
2

The petitioners seek anticipatory bail in connection with Garbeta P.S.

Case No. 448 of 2018 dated 03.12.2018 under Sections

498A/323/354/506/34 of the Indian Penal Code.

The husband of the complainant is the petitioner in C.R.M. 11374 of

2018; the mother-in-law and a brother of the husband of the complainant

are the petitioners in the other matter.

The State refers to the statement of the complainant to the effect that

the petitioners would torture the complainant on the complainant’s failure

to get more dowry.

The allegations are omnibus and general in nature and there does

not appear to be any serious injury inflicted on the complainant; but it is

evident that the complainant has been driven out of the matrimonial home

or she has been constrained to leave the matrimonial home.

The husband offers to pay a sum of Rs. 8,000/- (Rupees eight

thousand) per month by way of maintenance to the complainant/wife. In

view of such offer, the husband should make the payment for the month of

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

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

will be entitled to seek cancellation of the bail obtained by the husband.
3

In the event any appropriate forum passes an order in favour of the

wife for maintenance or alimony pendente lite 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 petitioners will be granted bail upon

furnishing bonds of Rs. 10,000/- (Rupees ten thousand only) each, 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 petitioners are 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.

Certified copies of this order be immediately made available to the

petitioners, subject to compliance with all requisite formalities.

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

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