my wife filed 498a, 307, 406 and dv act
In the matter of an application for anticipatory bail under
Section 438 of the Code of Criminal Procedure affirmed on
18.12.2014 in connection with Kotwali P.S. Case
No.1365/2014 dated 14.12.2014 under Sections
498A/323/342/509/307/406/506/34 IPC and Section 3
and 4 of the Dowry Prohibition Act.
In Re : Sanjay Dasgupta & Anr. …Petitioners.
Mr. Apalok Basu … For the petitioners.
Mr. Bidyut Roy … For the State.
Apprehending arrest in connection with
Kotwali P.S. Case No.1365/2014 dated 14.12.2014
498A/323/342/509/307/406/506/34 IPC and
Section 3 and 4 of the Dowry Prohibition Act, the
petitioners have approached this Court for prearrest
Heard the learned Counsel appearing on
behalf of the parties.
Perused the materials available from the
The petitioner No.1 is the husband and the
petitioner No.2 is the mother-in-law.
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 the husband/petitioner
No.1 to maintain his wife, the petitioner
No.1/husband is now agreeable to maintain the de
facto complainant/wife according to his ability and
offered to pay a sum of Rs.4,000/- 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 the de facto
complainant/wife within two weeks from this date
and thereafter by the 7th of each succeeding
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 No.1 to
maintain the wife, in our opinion, no useful
purpose will be served by taking him into custody
as also his other relation, who is before us.
Accordingly, the prayer stands allowed.
It is, therefore, directed that in the event
of arrest of the petitioners in connection with the
aforesaid case, they shall be released on bail to the
satisfaction of the arresting officer upon furnishing
Bond of Rs. 5,000/- each on condition that after
release, they shall surrender before the concerned
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 that the payment
of maintenance to the wife, as voluntarily offered
by the husband/petitioner No.1, through his
counsel, shall be in force, till any order of
maintenance is made by a competent court. We
also make it clear that the quantification of
amount of maintenance and the 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/petitioner No.1 and order must be made
in accordance with law.
The husband/petitioner No.1 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,
Let a plain copy of this order, duly
countersigned by the Assistant Registrar (Court) be
given to the learned Counsel for the State to to do the
now the my question is
1. this allegation is totally false
2. there is no medical certificate
3. now i am job less...not possible for giving four thousand rs per month. after complain my has not allow to join my duty.
4. my wife quite educated. she is with M.A. degree and doing job in pvt sector. i am B.A.
kindly help me.....