CRM No. 11375 of 2018
Re:- An application for anticipatory bail under Section 438 of the
Code of Criminal Procedure filed on 11th December, 2018.
Tapeswar Mukherjee @ Kalyan Mukherjee
Mr. Phiroze Edulji,
Mr. Sarayati Datta
… for the petitioner
Ms. Sonali Bhar
.. for the State
The petitioner seeks anticipatory bail in connection with Balagarh
Police Station Case No.217/2018 dated 26.10.2018 under Sections
498A/406/506/34 of the Indian Penal Code.
The State refers to the complaint and the real grievance of the wife
against the petitioner for retaining the stridhan articles of the wife.
The State also says that the wife has been constrained to leave the
matrimonial home because of the conduct of the petitioner and there
is a minor girl along with the wife.
The petitioner has agreed to pay a consolidated amount of
Rs.15,000/-, without prejudice to his rights and contentions, on
account of maintenance for the wife and daughter. In view of such
offer, the petitioner will make the payment for the month of January,
2019 by the 20th day of such month and continue payments for the
subsequent months in similar manner. In case of any default for any
month, the wife will be entitled to seek cancellation.
In the event any other forum passes an order for maintenance or
alimony pendente lite or the like in favour of the wife, the payments
made in terms of this order will be adjusted against the same.
In addition, the petitioner has also offered that the wife may take
back her stridhan articles. Accordingly, the investigating officer is
directed to accompany the de facto complainant to the matrimonial
home so that the stridhan articles can be identified and made over to
the wife upon a proper inventory list being prepared.
Subject to the above, and upon the payment for the month of
January, 2019 first being made, 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. 11375 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. )