High CourtsSingle Bench(2012) 03 JH CK 0101

Chhotan @ Ishwar Pal @ Chotan Pal vs The State of Jharkhand and Rimpa Dey @ Pal

Jharkhand High Court · Decided on 14 March 2012

HON’BLE JUDGES
Jaya Roy, J
CASE NUMBER
A.B.A. No. 3322 of 2011

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Judgment

3 paragraphs · 363 words

Hon''ble Mrs. Justice Jaya Roy

1.

Both the parties are present with their counsels today before this Court. Parties have settled their disputes on the conditions that the petitioner will give the ornaments of the opposite party no. 2 to her and he will keep the opposite party no. 2 with the child with him with proper love, dignity and respect. Both the parties are ready to go to the petitioner''s house from this Court. The petitioner has already given ornaments to the opposite party no. 2 before this Court and she has accepted the same without any objection. Both the parties will file compromise petition before this Court in this regard. Considering the fact that the parties have compromised, I direct both the parties to go together with their child to the house of the petitioner and thereafter, the petitioner namely Chhotan @ Ishwar Pal @ Chotan Pal is directed to surrender in the trial Court/Court below within a period of one month from the date of this order and if he surrenders, the trial Court/Court below will release him on bail on furnishing bail bond of Rs. 10,000/- (Rs. Ten thousand) with two sureties of like amount each to the satisfaction of Shri P. Kumar, Judicial Magistrate, 1st Class, Jamtara in connection with P.C.R. Case No. 57 of 2011 with the conditions that one or the bailors will be local resident having immovable property within the jurisdiction of the district concerned and subject to the conditions laid down u/s 438(2) of the Code of Criminal Procedure.

2.

However, it is made clear that if the petitioner and opposite party no. 2 with their child live peacefully then after three months, the opposite party no. 2 will withdraw the complaint case. Opposite party no. 2 will be at liberty to file application if any complication arises between them. Petitioner will live with his wife and child separately from the parents of the petitioner and maternal uncle of the opposite party no. 2 will not come to the house of the petitioner and opposite party no. 2 unless the petitioner permits him to come. With the aforesaid direction, this application is disposed of.