CRM No. 11212 of 2018
Re:- An application for anticipatory bail under Section 438 of the
Code of Criminal Procedure filed on 7th December, 2018.
Mr. Tilak Mitra,
Mr. Samit Bhanja
.. for the petitioner
Mr. Imran Ali,
Mr. M.F.A. Begg
.. for the State
The petitioner seeks anticipatory bail in connection with Krishna
Nagar Women’s Police Station FIR no.55 of 2014 dated 23.03.2014 under
Sections 498A/406/34 of the Indian Penal Code, 1860, corresponding to
G.R. Case No. 1210 of 2014.
The petitioner is now in Japan and the petitioner is agreeable to pay
a substantial monthly amount by way of maintenance to the wife.
The State says that several of the other accused persons have been
granted anticipatory bail and the primary charge is that the petitioner
has a relationship with some other and has virtually deserted his wife.
In view of the petitioner’s offer to pay Rs. 32,000/- per month to the
wife by way of maintenance, the petitioner is required to make the
payment for the month of January, 2019 by the end of this month. The
petitioner will continue making payments in similar manner for the
subsequent months. In default in such payment, the wife will be entitled
to seek cancellation.
In the event any appropriate forum passes any order in favour of the
wife on account of 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 first payment being made for the month of January,
2019, in the event of arrest, the petitioner will be granted 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 as 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, till the investigation is completed.
C.R.M. 11212 of 2018 is allowed as above.
A certified copy of this order be immediately made available to the
petitioner subject to compliance with all requisite formalities.
(Suvra Ghosh, J.) (Sanjib Banerjee, J. )