SADHAN MONDAL Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) THE present petitioner apprehending arrest in connection with Ghatal police Station Case No. 113 of 2008 under Sections 498a/494/323/34 of the indian Penal Code moved an application for anticipatory bail before the Learned sessions Court, Paschim Medinipur when by an order passed on September 8, 2008 the Learned Sessions Judge In-charge, Paschim Medinipur allowed the petitioners prayer for anticipatory bail subject to payment of maintenance @ Rs. 750/- per month to the wife/opposite party no. 2 till the disposal of the said criminal case against him. It was further directed that the petitioner shall surrender before the Learned Additional Chief Judicial Magistrate, Ghatal and on such surrender the Learned Magistrate shall release him on bail on a bond of Rs. 50/ -. The petitioner in the instant criminal revisional application challenge the imposition of condition of payment of maintenance in granting anticipatory bail.

(2.) HEARD the Learned Lawyers appearing on behalf of the parties. Perused the impugned order as well as the materials on record.

(3.) IT appears from the record that pursuant to the order of granting anticipatory bail the petitioner has surrendered before the Learned Additional chief Judicial Magistrate, Ghatal within the stipulated period and has been released on bail. It further appears in terms of the condition of anticipatory bail the petitioner has been paying maintenance to the wife/opposite party.