January 7, 2019.
CRM 11337 of 2018
In Re. An application for anticipatory bail under
Section 438 of the Code of Criminal Procedure.
In the matter of:
Sk. Samiruddin @ Sk. Samiuddin
The State of West Bengal
Mr Suman De
… for the petitioner.
Mr A.S. Chakraborty
Ms Sutapa Banerjee
… for the State.
The petitioner seeks anticipatory bail in connection with
Mahisadal Police Station Case No.165 of 2018 dated June 24, 2018
under Sections 498A/323/325/307/34 of the Indian Penal Code
read with Section 4 of the Dowry Prohibition Act.
The State produces the injury report. The nature of the
injuries was quite serious and the allegation is that a sharp-cutting
weapon like an axe was used by the husband. The State says that
the wife and the seven-year-old child have been driven out of the
matrimonial home by the petitioner.
The petitioner offers to pay a sum of Rs.5,000/- towards the
maintenance of his wife and child.
Subject to the petitioner making payment of such sum for the
month of January, 2019 by the 15th day of such month and
continuing to make payments in similar manner for the subsequent
months, the petitioner will be entitled to anticipatory bail. Any
default in making such payment will entitle the wife to seek
cancellation. In the event any other forum passes an order for
maintenance or alimony pendente lite or the like in favour of the
wife, the payments made in terms of this order will be adjusted
against the same.
Subject to the above, 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
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. )