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13.01.2020

.

61.
as
(Allowed).

C.R.M. 347 of 2020

In Re:- An application for anticipatory bail under Section 438 of
the Code of Criminal Procedure filed on 06.01.2020 in connection
with Howrah Women P. S. Case No.52 of 2019 dated 06.11.2019
under Sections 498A/406/506/34 of the Indian Penal Code.

In the matter of : Kamal Ahmed.

… Petitioner.

Mr. Rajdeep Mazumdar,
Mr. Pritam Roy.

…..for the Petitioner.

Ms. Purnima Ghosh.

…..for the State.

Heard the learned Advocates appearing for the parties.

It is submitted on behalf of the petitioner that he is the

father-in-law of the victim housewife and has been falsely

implicated in the instant case due to a matrimonial dispute.

Learned Advocate appearing for the State opposes the prayer

for anticipatory bail.

Learned Advocate appearing for the de-facto complainant

submits that the petitioner in collusion with others had

fraudulently encashed fixed deposits to the tune of Rs.21 lakhs

standing in her name. His client has been driven out from the

matrimonial home and has been denied maintenance.
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These allegations are disputed by the learned Advocate

appearing for the petitioner. In order to show his bonafides,

petitioner undertakes to deposit a sum of Rs.21 lakhs before the

court below without prejudice to his rights and contentions of the

parties.

Having considered the materials on record and in view of the

fact that the instant case has arisen out of a matrimonial dispute

between the husband and wife and in the light of the aforesaid

undertaking, we are inclined to grant anticipatory bail to the

petitioner.

In the event, the petitioner deposits a sum of Rs.21 lakhs

before the court below, the said court shall keep the amount in a

auto renewing interest bearing fixed deposit account maintained

with the nationalized bank subject to the result of the litigation

without prejudice to the rights and contentions of the parties.

In the event the aforesaid deposit is made within two weeks,

the petitioner in the event of arrest shall be released on bail upon

furnishing a bond of Rs.10,000/- with two sureties of like amount

each, to the satisfaction of the arresting officer and subject to the

conditions as laid down under Section 438(2) of the Code of

Criminal Procedure, 1973 and on condition that the petitioner

shall appear before the trial court and pray for regular bail within

four weeks from date.

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This application for anticipatory bail is, thus, disposed of.

(Suvra Ghosh,J.) (Joymalya Bagchi, J.)