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Judgments of Supreme Court of India and High Courts

Dibakar Hazra & Ors vs Unknown on 11 January, 2019

1

72 11.1.2019

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.

And
In the matter of: Dibakar Hazra Ors.

….petitioners.

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

parents.

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

petitioners.

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

same.

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
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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

indicated above.

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.)

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