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Under Sections 498A/34 Of The … vs In Re on 30 January, 2019

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30.01.2019
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jb.

CRM No. 333 of 2019
Re:- An application for anticipatory bail under Section 438 of the
Code of Criminal Procedure filed on 7th January, 2019 in connection
with Krishnaganj Police Station Case No.249 of 2018 dated 26.10.2018
under Sections 498A/34 of the Indian Penal Code.

And
In Re:-

Saikat Sen @ Saykat Sen
… Petitioner
Mr. Sumanta Das
.. for the petitioner
Mr. Madhusudan Sur
Mr. Manoranjan Mahata

.. for the State

The petitioner seeks anticipatory bail in connection with

Krishnaganj Police Station Case No.249 of 2018 dated 26.10.2018 under

Sections 498A/34 of the Indian Penal Code.

The State produces the case diary and says that the complainant

and her minor child are virtually destitutes at the paternal residence of

the complainant.

The petitioner claims to be working in Kerala and offers to pay

Rs.6,000/ per month towards the maintenance for the wife and the

child.

In view of such offer, the petitioner is directed to make payment for

the month of January 2019 by 10th day of the following month and

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continue making payments in similar manner for the subsequent

months. Any failure on the part of the petitioner to make the monthly

payments will entitle the wife to seek cancellation. 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 payment for the month of January, 2019 being first

tendered, in the event of arrest, the petitioner will be granted 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 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 petitioner 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 333 of 2019 is allowed as above.

A certified copy of this order be immediately made available to the

petitioner subject to compliance with all requisite formalities.

(Suvra Ghosh, J.) (Sanjib Banerjee, J. )

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