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Judgments of Supreme Court of India and High Courts

CRM/244/2019 on 21 January, 2019

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21.1.2019
06

Allowed
md.

CRM No. 244 of 2019
Re:- An application for anticipatory bail under Section 438 of the
Code of Criminal Procedure filed on 3rd January, 2019.
In Re:-

Subhasis Chakraborty
… Petitioner

Ms. Arpita Saha
… for the petitioner
Ms. Sonali Das
.. for the State

The petitioner seeks anticipatory bail in connection with Chinsurah

Women Police Station Case No.54 of 2018, dated 24th of November,

2018 under Sections 498A/406/506/34 of the Indian Penal Code,

1860 and Sections 3/4 of the Dowry Prohibition Act.

The State produces the case diary and says that the victim wife has

been constrained to leave the matrimonial home along with her minor

child.

The petitioner, who is the husband of the complainant, offers to pay

a sum of Rs.5,000/- towards the maintenance for his wife and

daughter. The petitioner claims to be working as a help in a shoe-

shop.

In view of such offer, the petitioner should make the payment for

the month of January, 2019, by the end of this month and continue

making payments for the subsequent months in similar manner. In

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default of any payment, the complainant 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.

Subject to the payment for the month of January, 2019 being first

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.

The investigating officer is directed to accompany the complainant

to the matrimonial home for the complainant to indicate the stridhan

articles. The stridhan articles discovered at the matrimonial home will

be taken charge of by the investigating officer, unless protested by the

petitioner. All admitted strtidhan articles will be made over to the wife

against the issuance of a due receipt therefor. The disputed articles

will be sealed and stored at such place as the investigating officer may

choose and will be subject to the order that may be passed by the trial

court. In the event no stridhan articles are discovered and the

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complainant can indicate that substantial stridhan articles belonging

to her were at the matrimonial home, the wife will be entitled to seek

cancellation.

C.R.M. 244 of 2019 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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