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Judgments of Supreme Court of India and High Courts

CRM/11212/2018 on 10 January, 2019

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10.1.2019
(9)
Allowed
md.

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.
In Re:-

Nabarun Roy
… Petitioner

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

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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. )

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