BISWANATH SINGH Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) HEARD Mr. Prabir Mitra, the learned Counsel, appearing with Ms. Ameena Kabir on behalf of the petitioner as well as Mr. Swapan Kumar Mullick, the learned Counsel, appearing on behalf of the State.

(2.) IN the instant criminal revisional application the petitioner challenged an order, whereby the learned Sessions Judge, Paschim Medinipur, granted Anticipatory Bail to the present petitioner in connection with Kotwali Police Station Case No. 74/08 under Section 498a/323 of the Indian Penal Code, on the limited ground that while granting such Anticipatory Bail, the learned Judge imposed a condition that the petitioner shall pay a sum of Rs. 1,5007- per month as maintenance to his wife, the defacto-complainant, till the disposal of the MAT Suit under Seption 9 of the Hindu Marriage Act.

(3.) MR. Mitra, urged before this Court that the impugned order is wholly illegal and without jurisdiction. According to him, while granting anticipatory bail, a Court has no jurisdiction to impose such a condition of payment of maintenance. He further submitted that on the strength of the order of granting of anticipatory bail, the petitioner has surrendered before the regular Court and has been enlarged on bail on the self-same condition.