C.R.M. 197 of 2019
(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
In the matter of: Barkat Sk
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
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 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.)