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Judgments of Supreme Court of India and High Courts

Pratash Biswas vs Unknown on 4 January, 2019


519 04.1.2019

C.R.M. 9273 of 2018

In Re: – An application for anticipatory bail under Section 438 of
the Code of Criminal Procedure filed on 05/10/2018 in
connection with Tehatta P.S. Case No.151 of 2018 dated
28/04/2018 under Sections 498A/307 of the Indian Penal Code.

gd And

In the matter of: Pratash Biswas.

Mr. Asraf Mandal
…for the petitioner.

Mr. Goutam Wilson
…for the State.

The petitioner seeks anticipatory bail in connection with Tehatta P.S.

Case No.151 of 2018 dated 28/04/2018 under Sections 498A/307 of the

Indian Penal Code.

The State produces the case diary and refers to the injury report. It

appears that the petitioner dealt a blow with a chopper, but, fortunately, it hit

the side of the wife’s neck and she escaped with only a serious injury.

The State says that the wife and the two daughters have been driven

out of the matrimonial home.

The petitioner offers to pay a sum of Rs.8,000/- per month towards

maintenance for the wife and child.

In view of such offer, the petitioner will make the payment for the

month of January, 2019 by the fifteenth day of such month and continue

payments in similar manner for the subsequent months.

In the event the wife is awarded any alimony or maintenance or the

like by any other appropriate forum, the payment made in terms of this order

will be adjusted against the same.

In the event the petitioner does not make payment for any month, the

wife will be entitled to seek the immediate cancellation of bail.

Subject to the payment for the month of 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 also 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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