Calcutta High Court (Appellete Side)
Kalyan Krishna Nandy vs Unknown on 10 April, 2015
Author: Ashim Kumar Roy
Bench: Ashim Kumar Roy
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10.04.2015
pk
CRM No. 3063 of 2015
In Re:- An application for anticipatory bail under Section 438 of
the Code of Criminal Procedure filed on 1.4.15 in connection with
Barrackpore Women P.S. Case No. 11/15 dated 7.2.15 under Sections
498A/406/506/34 of the Indian Penal Code and Sections 3/ 4 of the
Dowry Prohibition Act.
And
In the matter of:- Kalyan Krishna Nandy
Petitioner
Mr. Debasis Kar for the petitioner
Mrs. Sujata Das for the State
Mr. Avinaba Patra for the de facto complainant
The petitioner, apprehending arrest in connection with
Barrackpore Women P.S. Case No. 11/15 dated 7.2.15 under Sections
498A/406/506/34 of the Indian Penal Code and Sections 3/ 4 of the
Dowry Prohibition Act has come to this court for anticipatory
bail.
Heard the learned counsel appearing on behalf of the parties.
Perused the case diary.
The petitioner is the husband.
It is submitted by the learned counsel for the petitioner
that in terms of an order passed in connection with a Matrimonial
Suit, his client is paying a sum of Rs. 7,000/- per month to the
de facto complainant/wife as alimony pendente lite. He further
submits due to some personal difficulties, there was some
outstanding and out of the same, he is now paying a sum of Rs.
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1.05 lakhs by a 'Pay Order' to the de facto complainant/wife, who is personally present in court. He further assure this court that within two weeks the balance outstanding, if any, shall be liquidated after obtaining the statements of account from the de facto complainant. It is also assured by the learned counsel for the petitioner that henceforth there will be no single default in making the payment of maintenance.
At this stage, the learned counsel for the de facto complainant submits that many stridhan articles are still retained by the petitioner.
In reply, the learned counsel for the petitioner submits that if there is anything still retained that would be returned within seven days.
Having regard to above, the prayer for anticipatory bail is allowed.
In the event of arrest, the petitioner shall be released on bail to the satisfaction of the Arresting Officer upon furnishing a bond of Rs.5,000/- and on further condition that after release the petitioner shall surrender before the regular court within four weeks thereafter.
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This order is subject to the conditions as laid down in sub- section (2) of Section 438 of the Code of Criminal Procedure.
The application for anticipatory bail is, thus, disposed of.
(Ashim Kumar Roy, J.) (Malay Marut Banerjee, J.)