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Judgments of Supreme Court of India and High Courts

Binanda Bag vs The State Of West Bengal on 6 August, 2018

1

Serial No.2.

August 6, 2018.

SG
Allowed
CRM 5470 of 2018

In Re. An application for anticipatory bail under
Section 438 of the Code of Criminal Procedure.

In the matter of:

Binanda Bag

-versus-

The State of West Bengal

Mr Suman De
… for the petitioner.

Mr Jaydeep Biswas
… for the State.

The petitioner seeks anticipatory bail in connection with
Kharagpur Local Police Station Case No.291 of 2018 dated June 7,
2018 under Sections 498A/323/506/34 of the Indian Penal Code
read with Section 3/4 of the Dowry Prohibition Act.

On a query from the court as to where the victim and the
victim’s infant child may be at the moment, the State submits that
they are with the parents of the victim. On a further query of the
court, the petitioner reveals that he is a daily labourer.

In the light of the what is evident from the case diary, there
does not appear any need for the immediate detention of the
petitioner.

Accordingly, in the event of arrest, the petitioner is directed to
be released on bail upon furnishing bonds of Rs.10,000/- (Rupees
2

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 also report to the investigating officer at
such time and place as may be specified by the concerned police
officer.

This order is made subject to the further condition that the
petitioner will pay a sum of Rs.4,000/- every month beginning
August, 2018 and payable by the tenth day of each month, to the
wife for the immediate maintenance of the wife and child and will
obtain an appropriate receipt from the wife. For such purpose, the
petitioner will not visit the wife or the wife’s residence, but may
employ or engage any agent.

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. )

( Abhijit Gangopadhyay, J. )
3

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