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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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