C.R.M. 226 of 2019
In Re: – An application for anticipatory bail under Section 438 of
the Code of Criminal Procedure filed on 03/1/2019 in connection
gd with Bongaon P.S. Case No.903 of 2018 dated 26/11/2018
under Sections 498A/406/341/354A/307/34 of the Indian
Penal Code and Sections 3/4 of the Dowry Prohibition Act.
In the matter of: Dibakar Hazra Ors.
Mr. Arnab Chatterjee
…for the petitioners.
Mr. Pratick Bose
…for the State.
The petitioners seek anticipatory bail in connection with Bongaon P.S.
Case No.903 of 2018 dated 26/11/2018 under Sections
498A/406/341/354A/307/34 of the Indian Penal Code and Sections 3/4 of
the Dowry Prohibition Act.
The petitioners are the husband of the de facto complainant and his
The State produces the case diary wherefrom it appears that no
significant injury was sustained by the de facto complainant. It is also
submitted that the de facto complainant has been constrained to leave her
matrimonial home due to the torture allegedly meted out to her by the
Upon consideration, it does not appear that the custodial
interrogation is required at this stage.
However, the petitioner no.1, being the husband of the de facto
complainant, has offered to pay an amount of Rs.4,500/- per month as
maintenance to the wife.
In view of such offer, the petitioner no.1 shall make the first payment
within the 20th day of January, 2019 and shall continue to make such
payments every month in a similar manner. In the event the wife is awarded
any alimony pendente lite or maintenance or the like by any other appropriate
forum, the payments made in terms of this order will be adjusted against the
If the petitioner no.1 does not make payment for any month, the de
facto complainant will be entitled to seek the immediate cancellation of bail.
Upon payment of the amount for the month of January, 2019, in the
event of arrest, the petitioners are directed to be released on bail upon
furnishing a bond 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
laid down in Section 438(2) of the Code of Criminal Procedure, 1973. In
addition, the petitioners will report to the Investigating Officer at such time
and place as may be specified by the concerned police officer.
The petition for anticipatory bail is allowed on the conditions
A certified copy of this order be immediately made available to the
petitioners, subject to compliance with all requisite formalities.
(Sanjib Banerjee, J.)
(Suvra Ghosh, J.)