C.R.M. 12 of 2019
(AD) In Re: – An application for anticipatory bail under Section 438 of
the Code of Criminal Procedure filed on 02/01/2019 in
connection with Nadanghat P.S. Case No. 383 dated
22/12/2018 under Section 498A/325/406 of the Indian Penal
In the matter of: Avirup Mitra
Mr. Sanjib Mitra
Ms. Sarbani Chakraborty
…for the petitioner.
Mr. S.S. Imam
Mr. S. Kundu
…for the State.
The petitioner seeks anticipatory bail in connection with
Nadanghat P.S. Case No. 383 dated 22/12/2018 under Section
498A/325/406 of the Indian Penal Code.
The State points out that the complaint is that the wife
was subjected to inhuman treatment by the petitioning husband
and she was constrained to leave the matrimonial home. The
State also points out that the stridhan articles of the wife have
been wrongfully retained by the petitioner.
The petitioner offers to pay a sum of Rs.5,000/- per
month for the maintenance of his wife. In view of such offer, the
petitioner will make over the payment for the month of January,
2019 by the 20th of this month and continue payments in a
similar manner for the subsequent months. In default of any
payment, the wife will entitle to seek cancellation. If any other
forum passes an order for maintenance or alimony pendente lite
or the like in favour of the wife, the payments made in terms of
this order will be adjusted against the same.
Subject to the payment for the month of the January,
2019 being first made, in the event of arrest, the petitioner is
directed to be released on bail upon furnishing a bond 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 laid down in Section 438(2) of the Code of Criminal
Procedure, 1973. In addition, the petitioner 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 investigating Officer is directed to accompany the wife
to the matrimonial home so that the articles pointed out by the
wife as the stridhan articles can be removed from such place and
kept elsewhere subject to the direction of the trial court.
The petition for anticipatory bail is allowed on the
conditions indicated above.
A certified copy of this order be immediately made
available to the petitioner, subject to compliance with all
(Sanjib Banerjee, J.)
(Suvra Ghosh, J.)