Tarkeshwar Singh @ Tarkeshwar Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.8010 of 2021 Arising Out of PS. Case No.-267 Year-2019 Thana- BARHARIA District- Siwan ====================================================== Tarkeshwar Singh @ Tarkeshwar Kumar Singh Son Of Gandhi Singh Resident Of Village- Mathurapur, P.S.- Barharia, District- Siwan. ... ... Petitioner/s

Versus

1.

The State Of Bihar 2.

Arjun Singh Son Of Late Bhulli Singh Resident Of Village- Kuwahi, P.S.- Barharia, District- Siwan.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Rajiv Kumar For the Opposite Party/s :

Mr. Arvind Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 23-06-2022 Heard learned counsel for the petitioner, informant and learned APP for the State.

The petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 323, 341, 379, 307, 498(A), 406, 504, 149, 120(B) of the Indian Penal Code.

The accusation is of torture and making assault to the daughter of the informant as a result of which, she lost her voice.

2/4 It is submitted by learned counsel for the petitioner that the petitioner tried his best to resume the conjugal life with the daughter of the informant but she did not agree to live with the petitioner. The daughter of the informant never lost her voice and she is well and easily speak. The allegation against the petitioner is false and concocted.

Learned counsel appearing on behalf of the informant has submitted that daughter of the informant is not ready to live with the petitioner since petitioner is in habit of making assault with the daughter of the informant.

In the alternative, the petitioner is ready to pay Rs. 5000/- as interim maintenance to the daughter of the informant before filing of the bail bonds. The petitioner also undertakes to make payment of Rs. 5000/- per month to the daughter of the informant by depositing the same in her bank account by 1st week of every month from July, 2022.

3/4 The learned counsel appearing on behalf of the informant has accepted the offer of the petitioner and undertakes to provide bank account details of the daughter of the informant to the petitioner as early as possible.

Considering the aforestated facts, let the petitioner, above named in the event of his arrest or surrender before the court below within a period of four weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Sub-Divisional Judicial Magistrate, Siwan in connection with Barharia P.S. Case No. 267 of 2019, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

The bail bonds of the petitioner shall be accepted by the learned court below on showing receipt of deposit of Rs. 5000/- by the petitioner in the account of the daughter of the informant.

4/4 The aforesaid payments will be subject to any order passed in matrimonial or maintenance proceedings.

(Sunil Kumar Panwar, J) Shageer/- U T