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Section 498A Of Dowry Prohibition … vs In Re on 6 September, 2018




CRM No. 7026 of 2018
Re:- An application for anticipatory bail under section 438 of the
Code of Criminal Procedure filed on 23.08.2018 in connection with
Bhabanipur Police Station Case No.160/2018 dated 17.08.2018 under
Section 498A of Dowry Prohibition Act.

In Re:-

Sukdeb Debnath and another
… Petitioners
Mr. Amal Krishna Samanta, Advocate
..for the Petitioners

Mr. Palash Ch. Majhi, Advocate

.. for the State

The petitioners seek anticipatory bail in connection with

Bhabanipur Police Station Case No.160/2018 dated 17.08.2018 under

Section 498A of Dowry Prohibition Act.

The State produces the case diary and says that the complaint of

the victim is that she has been ridiculed and tortured for not getting

more money from her parents despite being married for nearly six years.

Considering that there is no report of any injury, the petitioners,

who are the husband and the father-in-law of the victim, are entitled to

bail, subject to the first petitioner providing for the maintenance of the

wife since the wife now lives at her paternal home.

The first petitioner will pay a monthly sum of Rs.4,500/- for the

maintenance of the wife and such payment will begin from the month of


September, 2018 and payable by the 15th day of each month. In default

of such payment, the de facto complainant will be at liberty to seek

cancellation of the husband’s bail.

In the event any appropriate forum provides for the maintenance

or alimony to the de facto complainant, the payment in terms of this

order, will be adjusted against the same.

Accordingly, in the event of arrest the petitioners will be granted

bail upon furnishing security of Rs.10,000/- (Rupees ten thousand only)

each, 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 as laid down in Section 438 (2) of the Code of

Criminal Procedure, 1973.

In addition, the petitioners will also report to the Investigating

Officer at such time and place as may be specified by the concerned

police officer.

The petition for anticipatory bail is allowed subject to the

conditions as indicated above.

A certified copy of this order be immediately made available to

the petitioners subject to compliance with all requisite formalities.

(Abhijit Gangopadhyay, J.) (Sanjib Banerjee, J. )



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