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01.02.2019
53
jb.
CRM No. 349 of 2019
Re:- An application for anticipatory bail under Section 438 of the
Code of Criminal Procedure filed on 8th January, 2019 in connection
with Bhadreswar Police Station Case No. 420/2017 dated 07/11/2017
under Sections 498A/307 of the Indian Penal Code.
And
In Re:- Md. Nahim Anr.
… Petitioners
Mr. Arunava Ganguly
.. for the petitioners
Mr. Sreeparna Das
.. for the State
The petitioners seek anticipatory bail in connection with
Bhadreswar Police Station Case No. 420/2017 dated 07/11/2017 under
Sections 498A/307 of the Indian Penal Code.
The petitioners are the husband and the brother of the husband of
the complainant.
The State refers to the case diary. It is found therefrom that no
significant injury was sustained by the complainant.
The first petitioner, who is the husband, offers to pay a sum of
Rs.6,000/- per month to the complainant-wife as maintenance.
The first petitioner should pay such amount for the month of
February, 2019 within the 15th of the month and continue to pay the
same for the subsequent months in similar manner. In case of any
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default of the first petitioner to pay such amount, the complainant shall
be at liberty to pray for cancellation of anticipatory bail. In the event any
other forum passes any order for the 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 petitioners will be
granted bail upon furnishing a bond of Rs.10,000/- (Rupees ten
thousand only) each with two sureties of Rs.5,000/- (Rupees five
thousand only) each 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, till the investigation is completed.
CRM 349 of 2019 is allowed as above.
A certified copy of this order be immediately made available to the
petitioners subject to compliance with all requisite formalities.
(Suvra Ghosh, J.) (Sanjib Banerjee, J. )
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