Calcutta High Court (Appellete Side)
Asit Jana @ Bubai & Anr vs Unknown on 10 March, 2015
Author: Ashim Kumar Roy
Bench: Ashim Kumar Roy
1 10.03.2015
pk CRM No. 17800 of 2014 In Re:- An application for anticipatory bail under Section 438 of the Code of Criminal Procedure filed on 16.12.14 in connection with Moyna P.S. Case No. 275/14 dated 3.12.14 under Section 498A of the Indian Penal Code.
And In the matter of:- Asit Jana @ Bubai & Anr.
petitioners
Mr. Suman De for the petitioners
Mrs. Sima Biswas for the State
The petitioners, apprehending arrest in connection with Moyna P.S. Case No. 275/14 dated 3.12.14 under Section 498A of the Indian Penal Code have come to this court for anticipatory bail.
Heard the learned counsel appearing on behalf of the parties. Perused the case diary.
The petitioner no. 1 is the stepson and petitioner no. 2 is the husband.
At the very outset, the learned counsel for the petitioners submits that although he is not admitting any of the allegations made against the petitioners but as a matter of good gesture and as it is the moral obligation of a husband, the petitioner no. 2 to maintain his married wife and the child, he is now agreeable to maintain the de facto complainant/wife and the child according to his ability and offered to pay a sum of Rs. 7000/- per month as her maintenance. It is submitted by the learned counsel for the petitioners that the maintenance for this month shall be sent to 2 the de facto complainant/wife within two weeks from this date and thereafter by seventh of each succeeding month.
On the face of such submission, the learned counsel for the State has also not opposed the prayer for anticipatory bail of the petitioners.
Having regard to the voluntary offer and undertaking of the husband/petitioner to maintain the wife and the child, in our opinion, no useful purpose will be served by taking them into custody. Accordingly, the prayer stands allowed.
In the event of arrest, the petitioners shall be released on bail to the satisfaction of the Arresting Officer upon furnishing a Bond of Rs. 5,000/- each on condition that after release the petitioners shall surrender before the regular court within four weeks thereafter.
This order is subject to the conditions as laid down in sub- section (2) of Section 438 of the Code of Criminal Procedure.
We however make it clear, the payment of maintenance to wife, as voluntarily offered by the husband/petitioner, through his counsel, shall be in force, till any order of maintenance is made by a competent court. We also make it clear, quantification of amount of maintenance and entitlement of maintenance by the wife, if arises for a decision before a court of law in terms of statutory provisions, such court must not be swayed by this voluntary offer of maintenance by the husband and order must be made in accordance with law.
The husband shall be obliged to pay maintenance to the wife, as voluntarily offered by him, so long no order in this regard is passed by a competent court.
The application for anticipatory bail is, thus, disposed of. 3 (Ashim Kumar Roy, J.) (Ishan Chandra Das, J.)