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10.1.2019
(7)
Allowed
md.
CRM No. 11538 of 2018
Re:- An application for anticipatory bail under Section 438 of the
Code of Criminal Procedure filed on 17th December, 2018.
In Re:-
Sujit Das
… Petitioner
Mr. Sanjib Mitra
.. for the petitioner
Mr. Arijit Ganguly,
Mr. Sanjib Kumar Dan
.. for the State
The petitioner seeks anticipatory bail in connection with
Uttarpara Police Station Case No. 846 of 2018 dated 21.11.2018
under Sections 498A/406/325/354/34 of the Indian Penal Code.
The State says that apart from the allegations of cruelty and
assault, the petitioner’s wife complains of her stridhan articles not
being returned by the petitioner. It is also evident that the wife has
been constrained to leave the matrimonial home with a minor child.
The petitioner offers to pay a sum of Rs. 4,000/- per month by
way of maintenance. The petitioner says that he is a daily-wage
earner.
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The petitioner should pay the sum of Rs. 4,000/- for the month
of January, 2019 by the 15th of this month and continue payments
in similar manner for the subsequent months. Any default in such
payment will entitle the wife 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.
In addition, prior to the petitioner obtaining bail, the
investigating officer is directed to accompany the wife to the
matrimonial home for the purpose of the stridhan articles of the wife
being recovered and kept apart.
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 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.
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C.R.M. 11538 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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