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Judgments of Supreme Court of India and High Courts

CRM/11684/2018 on 21 January, 2019

1

246.
21-01-2019

allowed
debajyoti
CRM No.11684 of 2018

In re : Sudip Das
….. Petitioner.

Mr. Amitabha Karmakar
….. For the Petitioner.

Mr. Goutam Wilson
….. For the State.

The petitioner seeks anticipatory bail under Section 438
of the Code of Criminal Procedure in connection with Rishra
Police Station Case No.151 of 2018 dated 12-11-2018 under
Sections 498A/406 of the Indian Penal Code.

The petitioner is the husband.

The State produces the case diary and there does not
appear to be much material against the petitioner warranting
his custodial interrogation. In addition, the petitioner says
that though the petitioner has been required to pay
Rs.4,000/- per month in a complaint brought by the wife
under the Prevention of Women from
Domestic Violence Act,
2005, the petitioner is agreeable to pay Rs.6,000/- per month
towards maintenance of his wife.

In view of such offer, the petitioner should pay the
amount for the month of January, 2019 by the end of this
month and continue making such payments in similar
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manner for the subsequent months. In default of payment for
any month, the wife will be entitled to seek cancellation. The
payments made by the petitioner in terms of this order will
include the payment directed to be made in the domestic
violence complaint.

There is also a charge against the petitioner that he has
wilfully retained the stridhan articles of the wife. Though the
petitioner claims that the wife took away the stridhan articles
at the time of her departure, it is difficult to accept such
assertion. Usually, it is a wife who is either driven out from
the matrimonial home or the wife finds herself in such pitiable
condition that she has to leave the matrimonial home.
Oftentimes the wife has also no any control over the
matrimonial home or even her own belongings and it is
difficult to accept that, except in the odd case, the wife would
gather all her jewellery and other articles and leave the
matrimonial home in an organised manner. If a lady had so
much freedom to operate in her matrimonial home, she may
not have been tortured or faced the demands for dowry in the
first place.

The Investigating Officer will accompany the wife to the
matrimonial home for the stridhan articles to be identified
and seized by the Investigating Officer. If the petitioner
makes any excuse upon the stridhan articles not being found,
an adverse inference may be drawn against the petitioner and
the wife will be entitled to apply for cancellation.

Subject to the payment for the month of January, 2019
being first made, in the event of arrest, the petitioner will be
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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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