October 12, 2018.
CRM 9122 of 2018
In Re. An application for anticipatory bail under
Section 438 of the Code of Criminal Procedure.
In the matter of:
Ejajul Hoque @ Ajajul Hoque @ Rintu
The State of West Bengal
Mr S. Sarkar
… for the petitioner.
Mr Imran Ali
Ms Sutapa Banerjee
… for the State.
The petitioner seeks anticipatory bail in connection with
Chanchal Police Station Case No.535 of 2018 dated August 28,
2018 under Sections 498A/325/307/313/34 of the Indian Penal
The petitioner is the husband and says that the complaint has
been filed out of spite.
The State produces the case diary and refers to the wife’s
complaint of being physically abused by the husband. It is also
evident that the wife has been driven away from the matrimonial
home or, at any rate, she does not reside there any longer. The
petitioner claims to run a tea stall in a village.
Subject to the petitioner providing for the maintenance for the
wife at the rate of Rs.5,000/- per month payable by the 15th day of
each month and beginning October, 2018, the petitioner will be
entitled to the benefits in terms of this order. In default of payment
for any month, the de facto complainant and the State will have
liberty to apply for cancellation. In the event any appropriate forum
directs payment on account of alimony pendente lite or
maintenance 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 above, in the event of arrest, the petitioner is
directed to be released on bail upon furnishing bonds 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 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.
The petition for anticipatory bail is disposed of on the
conditions indicated above.
A certified copy of this order be immediately made available to
the petitioner, subject to compliance with all requisite formalities.
( Sanjib Banerjee, J. )
( Abhijit Gangopadhyay, J. )