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Judgments of Supreme Court of India and High Courts

CRM/11522/2018 on 17 January, 2019



CRM No.11522 of 2018

In re : Abhijit Samaddar
….. Petitioner.

Mr. Sanjib Mitra
….. For the Petitioner.

Mr. Shiladitya Banerjee
….. For the State.

The petitioner seeks anticipatory bail under Section 438
of the Code of Criminal Procedure in connection with
Serampore Police Station Case No.536 of 2018 dated 20-11-
2018 under Sections 498A/406/323/325/307/34 of the
Indian Penal Code.

The State produces the case diary and refers to the
statement of the complainant. However, there does not
appear to be any serious injury suffered by the complainant.
The State says that the complainant has been constrained to
leave the matrimonial home and even her stridhan articles
have been wilfully retained by the petitioner husband.

The petitioner has offered to pay a sum of Rs.5,000/-
per month by way of maintenance for the wife and the minor

In view of the petitioner’s offer, the petitioner should
make the payment for the month of January, 2019 by the 25th

day of such month and continue making subsequent
payments accordingly. In default of payment for any month,
the wife shall be entitled to apply for cancellation.

In the event any other forum passes any order for the
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.

Further, the Investigating Officer is directed to
accompany the wife to the matrimonial home so that the wife
may point out the stridhan articles and the same may be
seized by the Investigating Officer.

Subject to the above, 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 report to the Investigating
Officer at such time and place as may be specified by the
concerned police officer, till the investigation is completed.

The petition for anticipatory bail is allowed subject to the
conditions as indicated 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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