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Sushanta Acharya vs Surya Kanta Acharjee @ Acharya on 26 September, 2018

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S/L No.46
62
C.R.M. 6191 of 2018
26.09.2018

Ct-34 In Re: – An application for anticipatory bail under Section 438 of
(AD) the Code of Criminal Procedure filed on 14/08/2018 in
connection with Egra P.S. Case No. 306/2018 dated
24/06/2018 under Sections 498A/323/307/34 of the Indian
Penal Code read with Section 4 of the Dowry Prohibition Act.

And

In the matter of: Sushanta Acharya
….petitioner.

Mr. Soumya Basu Roy
Mr. Sekhar Mukherjee

…for the petitioner.

Mr. R.I. Sardar
… for the de facto complainant.

Mr. Arabinda Manna

…for the State.

With

C.R.M. 7575 of 2018

In Re: – An application for anticipatory bail under Section 438 of
the Code of Criminal Procedure filed on 11/09/2018 in
connection with Egra P.S. Case No. 306/2018 dated
24/06/2018 under Sections 498A/323/307/34 of the Indian
Penal Code read with Section 4 of the Dowry Prohibition Act.

And

In the matter of: Surya Kanta Acharjee @ Acharya
….petitioner.

Mr. Soumya Basu Roy
Mr. Sekhar Mukherjee

…for the petitioner.

Mr. Rituparna Ghosh

…for the State.

The petitioner in C.R.M. 6191 of 2018 seeks anticipatory

bail in connection with Egra P.S. Case No. 306/2018 dated

24/06/2018 under Sections 498A/323/307/34 of the Indian

Penal Code read with Section 4 of the Dowry Prohibition Act and

the petitioner in C.R.M. 7575 of 2018 seeks anticipatory bail in

connection with Egra P.S. Case No. 306/2018 dated 24/06/2018
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under Sections 498A/323/307/34 of the Indian Penal Code read

with Section 4 of the Dowry Prohibition Act.

These two matters involve the same complaint. The

petitioner in C.R.M. 6191 of 2018 is the father-in-law of the

victim and the petitioner in C.R.M. 7575 of 2018 is the husband

of the victim.

The de facto complainant, the victim, is represented.

The State is represented and refers to the case diary and

the injury report.

Considering the matter, the father-in-law and the

husband may be afforded anticipatory bail if the victim’s

maintenance is provided for since she had to leave the

matrimonial home.

The husband says that he has applied for employment as

teacher at a Madrasha.

Subject to the husband, Surya Kanta Acharjee @ Acharya

paying a sum of Rs.8,000/- per month to the de facto

complainant beginning the month of September, 2018 by the last

date of such month and continuing such payments for future

months, the petitioners are granted anticipatory bail.

In the event of default of payment for any one month, the

State and the de facto complainant will be entitled to seek

cancellation of the bail granted to the husband.

If an appropriate forum passes an order for the

maintenance or alimony pendente lite for the victim, the

payments made in terms of this order will be adjusted against

the same.

Accordingly, in the event of arrest, the petitioners are

directed to be released on bail upon furnishing a bond of

Rs.10,000/- (Rupees Ten Thousand only) each, with two sureties
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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 petitioners will also

report to the Investigating Officer at such time and place as may

be specified by the concerned police officer.

The petitions for anticipatory bails are allowed on the

conditions indicated above.

A certified copy of this order be immediately made

available to the petitioners, subject to compliance with all

requisite formalities.

(Sanjib Banerjee, J.)

(Abhijit Gangopadhyay, J.)
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