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Judgments of Supreme Court of India and High Courts

Dated 12.8.2018 Under Sections … vs In Re: Sanjoy Mazumder & Ors on 12 October, 2018

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12.10.2018
451

c/l
jb.

CRM No. 8293 of 2018
Re:- An application for anticipatory bail under section 438 of the
Code of Criminal Procedure filed on 20th September, 2018 in
connection with Barrackpore Police Station Case No. 86 of 2018
dated 12.8.2018 under
Sections 498A/406 of the Indian Penal Code.

And
In Re: Sanjoy Mazumder Ors.

… Petitioners
Mr. Arindam Das
..for the Petitioners

Mr. Anirban Banerjee
.. for the State

The petitioners seek anticipatory bail in connection with

Barrackpore Police Station Case No. 86 of 2018 dated 12.8.2018

under Sections 498A/406 of the Indian Penal Code.

The petitioners are the relatives of the husband of the victim.

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

been driven out of the matrimonial home with her infant child.

Subject to the petitioners paying Rs.5,000/- per month on

account of maintenance to the wife and such payment being made by

the 15th day of each month beginning October 15, 2018, the petitioners

will get the benefits in terms of this order. In default of payment for any

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month, the de facto complainant and the State will be entitled to seek

cancellation.

If any other Forum passes an order for the payment of damages,

alimony pendente lite or the like, the payments made in terms of this

order will be adjusted against the same.

Accordingly, in the event of arrest, the petitioners will be granted

bail upon furnishing security of Rs.10,000/- (Rupees ten thousand

only) each, 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 petitioners will also

report to the Investigating Officer at such time and place as may be

specified by the concerned police officer.

A certified copy of this order be immediately made available to the

petitioners subject to compliance with all requisite formalities.

(Abhijit Gangopadhyay, J.) (Sanjib Banerjee, J. )

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