Ajay Kumar Tamoli @ Ajay Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.21193 of 2021 Arising Out of PS. Case No.-248 Year-2018 Thana- GAYA COMPLAINT CASE DistrictGaya ====================================================== AJAY KUMAR TAMOLI @ AJAY KUMAR Son of Devbrat Prasad Tamoli @ Devbrat Prasad Resident of Village - Alinagar Pali, P.S.- Pali, District - Jehanabad.

... ... Petitioner/s

Versus

1.

THE STATE OF BIHAR 2.

Soni Kumari Daughter of Suresh Prasad Resident of Muhalla - Mayur Vihar, Chand Chaura, P.S. - Vishnupad, District - Gaya, Bihar. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Avanish Kumar Singh For the informant Mr. Ajay Kumar Sinha For the State Ms. Asha Devi ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 30-01-2023 The learned counsel for the petitioner is directed to remove all the defects pointed out by the Stamp Reporter within one month.

Heard the learned counsel for the petitioner as well as the learned counsel for the complainant. The petitioner apprehends his arrest for the offences alleged under Sections 323 and 498A of the Indian Penal Code, registered in connection with Complaint Case No. 248 of 2018 (Trial No.1201 of 2018).

The complainant is the wife of the petitioner. She made allegation that she was tortured for non-fulfilment of

Patna High Court CR. MISC. No.21193 of 2021(14) dt.30-01-2023 2/3 demand of dowry at the hands of the petitioner and his family members.

At the outset, the learned counsel for the petitioner has submitted that one-time settlement between the parties has taken place and the petitioner has to pay Rs. 5,00,000/-to the complainant, as per the terms and conditions of the compromise. He has submitted further that the petitioner has obtained a decree of divorce, though it was ex parte, but has attained finality as no revision or appeal was preferred against that order. The decree of divorce is annexed as Annexure-3. Considering the above facts and circumstances, let the petitioner above-named, in the event of his arrest or surrender within four weeks from the date of communication of this order, be released on bail on furnishing bail bond of Rs. 10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-VI, Gaya in connection with Complaint Case No. 248 of 2018 (Trial No.1201 of 2018), subject to the conditions as laid down under Section 438(2) Cr. P.C.

The petitioner is directed to make payment of Rs. 5,00,000/-(rupees five lacs) in the account number of the complainant at the time of furnishing bail bond.

Patna High Court CR. MISC. No.21193 of 2021(14) dt.30-01-2023 3/3 Office shall ensure that all defects are removed by the petitioner within the stipulated time as provided hereinabove, failing which the matter shall be brought to the notice of this Court.

(Nawneet Kumar Pandey, J) HR/- U T