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Judgments of Supreme Court of India and High Courts

CRM/88/2019 on 29 January, 2019

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29.1.2019
01
Rejected
md.

C.R.M. No. 88 of 2019
Re:- An application for anticipatory bail under Section 438 of
the Code of Criminal Procedure filed on 21st December, 2018.

In Re:

Munsi Manjur Rahaman @ Manjur Munsi Kazi

…. Petitioner

Mr. Subrata Bhattacharjya
.. for the Petitioner
Mrs. Sujata Das

.. for the State
Ms. Minoti Gomes
… for the De facto complainant

The petitioner seeks anticipatory bail in connection with

Pandaveswar Police Station Case No. 115 of 2018, dated

4.10.2018 under Sections 498A/323/307/406/506/34 of the

Indian Penal Code and 3 and 4 of the Dowry Prohibition Act.

Pursuant to the order dated January 15, 2019, the wife is

present in Court and is represented by Advocate.

The order dated January 15, 2019 recorded that the

petitioning husband was willing to live with his wife. However, it

is submitted on behalf of the wife that the extent of torture on

the wife and the minor son is unbearable and the wife has no

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faith in the husband to return to him, particularly as she feels

insecure about her child.

It is the further case of the wife that all the gifts that she had

carried at the time of her marriage, have been used by the

husband or disposed of or wrongfully dealt with. The wife refers

to gold jewellery, a motorcycle and several other items, including

valuable furniture. However, there is no immediate evidence of

such gifts having been given at the time of marriage.

Since a submission is made on behalf of the wife that the

wife requires financial support to maintain herself and the minor

son, the petitioner offers a sum of Rs. 2,000/- per month. Upon

the petitioner apprehending that such amount may not meet the

approval of the Court, the quantum has been increased to Rs.

4,000/- per month, but it is unthinkable in this day and age how

the wife and son would survive on such paltry amount.

The State has produced the case diary and refers to the

statement of the complainant recorded under Section 164 of the

Code. Some of the statements of the neighbours as to the

continuous ill-treatment of the wife and endless demands for

dowry have also been placed.

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Considering the overall conduct of the husband in refusing to

part with the wife’s gifts, of apparently having ill-treated the wife

during her stay at the matrimonial home and the other material

as evident from the records, the prayer for anticipatory bail is

rejected.

CRM 88 of 2019 is dismissed.

(Suvra Ghosh, J.) (Sanjib Banerjee, J.)

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