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S/L No.51
C.R.M. 202 of 2019
11.01.2019
Ct-34
(AD) In Re: – An application for anticipatory bail under Section 438 of
the Code of Criminal Procedure filed on 07/01/2019 in
connection with Hogalbera P.S. Case No. 158/2018 dated
12/12/2018 under Sections 498A/307/34 of the Indian Penal
Code.
And
In the matter of: Golam Malithya Ors.
….petitioners.
Mr. Asraf Mandal
…for the petitioners.
Mr. Gautam Banerjee
…for the State.
The petitioners seek anticipatory bail in connection with
Hogalbera P.S. Case No. 158/2018 dated 12/12/2018 under
Sections 498A/307/34 of the Indian Penal Code.
The State produces the case diary and refers to the injury
report. The State also submits that the wife has been
constrained to leave the matrimonial home along with her child.
The petitioner offers to pay a sum of Rs.8,000/- per
month for the maintenance of his wife and child. In view of such
offer, the petitioner should make the payment for the month of
January, 2019 by the 20th day of this month and continue
payments in a similar manner for the subsequent months. In
default of any payment, the wife will entitle to seek cancellation.
In the event, any other forum passes an order for maintenance or
alimony pendente lite or the like, the payments made in terms of
this order will be adjusted against the same.
Subject to the payment for the month of the January,
2019 being first made, 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
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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, till the investigation is
completed.
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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