C.R.M. 11787 of 2018
(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
In the matter of: Prasanta Mandal @ Prosanta Mandal
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
Subject to the payment for the month of the January,
2019 being first made, in the event of arrest, the petitioner is
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
(Sanjib Banerjee, J.)
(Suvra Ghosh, J.)