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Kalyan Mondol @ Kalayan Mandal & … vs Unknown on 30 January, 2019

1

570 30.1.2019

C.R.M.8444 of 2018

In Re: – An application for anticipatory bail under Section 438 of
the Code of Criminal Procedure filed on 25/09/2018 in
connection with Goghat P.S. Case No.205 of 2018 dated
gd 14/09/2018 under Sections 498A/406/313 of the Indian Penal
Code.

And

In the matter of: Kalyan Mondol @ Kalayan Mandal Ors.

….petitioners.

Mr. Suman Chakraborty
…for the petitioners.

Mr. Imran Ali
Ms. Sutapa Banerjee
…for the State.

The petitioners seek anticipatory bail in connection with Goghat P.S.

Case No.205 of 2018 dated 14/09/2018 under Sections 498A/406/313 of the

Indian Penal Code.

The petitioners are the husband and parents of the husband of the

complainant.

The State produces the case diary and refers to the medical report

pertaining to the charge under Section 313 of the Penal Code.

Considering the material against the petitioners, there may not be any

need for their immediate custodial interrogation.

Further, it is submitted on behalf of the petitioners that the first

petitioner-husband has been directed to pay interim maintenance at the rate

of Rs.5,000/- per month in proceedings under Section 125 of the Code.

Subject to there being no default in the payment of interim

maintenance or maintenance in terms of appropriate orders passed, 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 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 partly allowed on the conditions
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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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