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Judgments of Supreme Court of India and High Courts

Sri Gopal Guchhait vs Unknown on 22 January, 2019

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407 22.1.2019

C.R.M.9302 of 2018

In Re: – An application for anticipatory bail under Section 438 of
the Code of Criminal Procedure filed on 10/10/2018 in
connection with Sabang P.S. Case No.294 of 2018 dated
gd 01/08/2018 under Sections 498A/323/506/34 of the Indian
Penal Code read with Sections 3/4 of the Dowry Prohibition Act.

And

In the matter of: Sri Gopal Guchhait.

….petitioner.

Mr. Sanjib Das

…for the petitioner.

Ms. Sonali Bhar
…for the State.

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

Case No.294 of 2018 dated 01/08/2018 under Sections 498A/323/506/34 of

the Indian Penal Code read with Sections 3/4 of the Dowry Prohibition Act.

The State produces the case diary and refers to the statement of the

complainant-wife.

The petitioner offers to pay maintenance to the extent of Rs.5,000/-

per month for his wife and child since the wife has been constrained to leave

the matrimonial home along with her child.

In view of such offer of the petitioner, the petitioner is directed to

ensure that the payment for January, 2019 is made by the end of this month

and payments for subsequent months are made in similar manner.

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

wife will be entitled to seek the immediate cancellation.

In the event the wife is awarded any alimony pendente lite or

maintenance or the like by any other appropriate forum, the payments made

in terms of this order will be adjusted against the same.

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
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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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