Calcutta High Court (Appellete Side)
An Application For Anticipatory Bail ... vs Monibur Rahaman on 9 October, 2018
1 358 09.10.2018 ss Allowed C.R.M. 8197 of 2018 In the matter of : An application for anticipatory bail under Section 438 of the Code of Criminal Procedure filed on 19.09.2018 in connection with Murarai P.S. Case No. 361 of 2018 dated 13.09.2018 under Sections 498A/323/307/406/34 of the Indian Penal Code and Sections 3/4 of the Dowry Prohibition Act.
And In the matter of : Monibur Rahaman ... ... petitioner Mr. Prosenjit Mukherjee ... ... for the petitioner Mr. Imran Ali, Mr. M.F.A. Begg ... ... for the State The petitioner seeks anticipatory bail in connection with Murarai P.S. Case No. 361 of 2018 dated 13.09.2018 under Sections 498A/323/307/406/34 of the Indian Penal Code and Sections 3/4 of the Dowry Prohibition Act.
The petitioner says that the marriage lasted for more than eight years before a complaint was suddenly lodged by the wife upon the wife deserting the matrimonial home with her two children.
The petitioner is in the army and claims his monthly salary to be Rs. 33,000/- (Rupees thirty three thousand).
The State produces the case diary.
2Considering the material against the petitioner, particularly since there is no report of any injury, there may not be any need to take the petitioner into custody. However, the petitioner is to pay a sum of Rs. 12,000/- (Rupees twelve thousand) per month to the wife beginning October, 2018 and payable by the 15th day of each month for the petitioner to be entitled to the benefit in terms of this order. In case of default for any month, the de facto complainant will be entitled to seek cancellation.
In the event any appropriate forum awards any maintenance or alimony pendente lite or damages or the like in favour of the victim, the payments made in terms of this order will be adjusted against same.
Subject to the above, in the event of arrest, the petitioner will be granted bail upon furnishing security 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 as laid down in Section 438(2) of the Code of Criminal Procedure, 1973. In addition, the petitioner is directed to meet the investigating officer at such time and place as may be specified by the concerned police officer.
The petition for anticipatory bail is allowed subject to the conditions as indicated above.
3A certified copy of this order be immediately made available to the petitioner, subject to compliance with all requisite formalities. (Abhijit Gangopadhyay, J) (Sanjib Banerjee, J.)