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Judgments of Supreme Court of India and High Courts

Barkat Sk vs Unknown on 11 January, 2019

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S/L No.47
C.R.M. 197 of 2019
11.01.2019

Ct-34
(AD) In Re: – An application for anticipatory bail under Section 438 of
the Code of Criminal Procedure filed on 07/01/2019 in
connection with Khargram P.S. Case No. 170/2018 dated
05/07/2018 under Sections 498A/307/34 of the Indian Penal
Code.

And

In the matter of: Barkat Sk
….petitioner.

Mr. Manas Kumar Das

…for the petitioner.

Ms. Kakali Chatterjee

…for the State.

The petitioner seeks anticipatory bail in connection with

Khargram P.S. Case No. 170/2018 dated 05/07/2018 under

Section 498A/307/34 of the Indian Penal Code.

The State produces the case diary and refers to the injury

report. The State also points out that in view of the conduct of

the petitioner, the wife has been constrained to leave the

matrimonial home along with two infant children.

The petitioner immediately offers to provide for Rs.8,000/-

per month by way of maintenance for the upkeep of his wife and

children. In view of such offer, the petitioner should make 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. In the event any other forum passes

an order 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 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
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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 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

requisite formalities.

(Sanjib Banerjee, J.)

(Suvra Ghosh, J.)
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