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Judgments of Supreme Court of India and High Courts

CRM/11375/2018 on 14 January, 2019




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.
In Re:-

Tapeswar Mukherjee @ Kalyan Mukherjee
… Petitioner

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. )


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