Saharuk Mondal @ Saharop Mondal v. State Of West Bengal

20.11.2020 pg.

Allowed CRM 8583 of 2020 (Via Video Conference) In Re: - An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Thanarpara P.S. Case No.157 of 2020 dated 09.08.2020 under Sections 498A/323/307/34 of the Indian Penal Code.

And In the matter of: Saharuk Mondal @ Saharop Mondal .... Petitioner Mr. Asraf Mandal ... For the Petitioner Mr. Binay Kumar Panda Ms. Puspita Saha ... For the State The petitioner undertakes to affirm and stamp the petition as per the Rules within one week of resumption of normal functioning of the court. The petition is taken up through video conference on the basis of such undertaking.

The petitioner claims that a matrimonial dispute has led to the complaint, but there is no truth in what the lady has claimed. It is evident that the lady has been medically examined and marks found around her neck are consistent with her allegation that an attempt was made to throttle her to death. The petitioner says that since the charge-sheet has been filed, there may not be any need for the petitioner's further detention.

Subject to the petitioner making over a sum of Rs.25,000/- to the wife, the petitioner will be entitled to anticipatory bail. If he fails to

make the payment, the petitioner will not be entitled to anticipatory bail.

Upon the deposit being made, the petitioner will be enlarged on bail upon furnishing security of Rs.20,000/- (Rupees Twenty Thousand only), with two sureties of like amount each, one of whom must be local, to the satisfaction of the Arresting Officer. The petitioner will also abide by the conditions laid down in section 438(2) of the Code.

CRM 8583 of 2020 is disposed of.

(Sanjib Banerjee, J.) (Hiranmay Bhattacharyya, J.)