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Judgments of Supreme Court of India and High Courts

Prasanta Mandal @ Prosanta Mandal vs Unknown on 21 January, 2019

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M/L No.298
C.R.M. 11787 of 2018
21.01.2019

Ct-34
(AD) In Re: – An application for anticipatory bail under Section 438 of
the Code of Criminal Procedure filed on 20/12/2018 in
connection with Kaliachak P.S. Case No. 801/2018 dated
02/11/2018 under Sections 498A/323/506/34 of the Indian
Penal Code.

And

In the matter of: Prasanta Mandal @ Prosanta Mandal
….petitioner.

Mr. Mrityunjoy Chatterjee
Md. G.N. Imrohi

…for the petitioner.

Ms. Sujata Das

…for the State.

The petitioner seeks anticipatory bail in connection with

Kaliachak P.S. Case No. 801/2018 dated 02/11/2018 under

Sections 498A/323/506/34 of the Indian Penal Code.

The petitioner is the husband and says that a minor tiff

with the wife has resulted in an elaborate complaint

The State produces the case diary and refers to the

statement of the victim.

The petitioner also offers to pay Rs.5,000/- per month for

the wife’s maintenance and says that he is willing to take back

the wife. In view of the petitioner’s offer, the petitioner should

make the payment for the month of January, 2019 by the end 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 petitioner is
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directed to be released on bail upon furnishing a bond 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 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 petitioner, subject to compliance with all

requisite formalities.

(Sanjib Banerjee, J.)

(Suvra Ghosh, J.)
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