CRM No. 9076 of 2018
Re:- An application for anticipatory bail under Section 438 of the
Code of Criminal Procedure filed on 3rd October, 2018.
Surajit Sen @ Raju
Mr. Rabi Sankar Chattopadhyay,
Miss Shrayashi Chowdhury,
Miss Sazia Alam,
Miss Priyanka Saha,
Mr. Subhayu Das
… for the petitioner
Ms. Faria Hossain,
Ms. Baishali Basu
.. for the State
The petitioner seeks anticipatory bail in connection with Jalpaiguri
Women Police Station Case No. 93 of 2018 dated 24/08/2018 under
Sections 498A/354A/313 of the Indian Penal Code read with Sections
3/4 of the Dowry Prohibition Act.
The investigating officer has filed a report pursuant to the order
dated January 07, 2019 from which it appears that the petitioner was
married at least once before and at least one previous marriage has
been legally annulled, though the petitioner maintains that the
petitioner was divorced twice.
As far as the present complaint is concerned, the State relies on
the complainant’s statement under Section 164 of the Code.
There is also a charge of forcible miscarriage. The complainant
has been constrained to leave the matrimonial home.
The petitioner, offers to pay a sum of Rs.5,000/- per month
towards the maintenance of his present wife.
In view of such offer, the petitioner will make the payment for the
month of January, 2019 by the end of this month and continue the
payments making payments in similar manner for the subsequent
months. In default of payment for any month, the complainant-wife
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
tendered, 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.
C.R.M. 9076 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. )