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M/L No.262
C.R.M. 11719 of 2018
21.01.2019
Ct-34
(AD) In Re: – An application for anticipatory bail under Section 438 of
the Code of Criminal Procedure filed on 19/12/2018 in
connection with Thanarpara P.S. Case No. 175/2018 dated
01/12/2018 under Sections 498A/307/34 of the Indian Penal
Code.
And
In the matter of: Asif Mondal @ Asif Ahammed Mondal Ors.
….petitioners.
Mr. Asraf Mondal
…for the petitioners.
Mr. Aditishankar Chakraborty
Mrs. Sutapa Banerjee
…for the State.
The petitioners seek anticipatory bail in connection with
Thanarpara P.S. Case No. 175/2018 dated 01/12/2018 under
Sections 498A/307/34 of the Indian Penal Code.
The State has carried the case diary and it is the
submission of the State that the wife has been constrained to
leave the matrimonial home.
The first petitioner offers to pay Rs.6,000/- per month as
maintenance for his wife. In view of such offer, the first
petitioner should make the payment for the month of January,
2019 by the end of this month and continue the subsequent
payments in similar manner. In default of payment in any
month, the wife will be entitled to seek cancellation of the first
petitioner’s bail. In the event any other forum passes an order
for the maintenance or alimony pendente lite in favour of the
wife, the payments made in terms of this order will be adjusted
against the same.
Subject to the first petitioner making the payment for the
month of January, 2019, the petitioners will all be entitled to
anticipatory bail.
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Accordingly, in the event of arrest, the petitioners are
directed to be released on bail upon furnishing a bond 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 laid down in Section 438(2) of the Code of
Criminal Procedure, 1973. In addition, the petitioners will report
to 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 on the
conditions indicated above.
Certified copies of this order be immediately made
available to the petitioners, subject to compliance with all
requisite formalities.
(Sanjib Banerjee, J.)
(Suvra Ghosh, J.)
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