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Judgments of Supreme Court of India and High Courts

CRM/11538/2018 on 10 January, 2019

1

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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2

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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