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Judgments of Supreme Court of India and High Courts

Golam Malithya & Ors vs Unknown on 11 January, 2019

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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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