AZHAR ALI Vs. STATE OF JHARKHAND
LAWS(JHAR)-2013-7-204
HIGH COURT OF JHARKHAND
Decided on July 11,2013

AZHAR ALI Appellant
VERSUS
STATE OF JHARKHAND Respondents

JUDGEMENT

Dhrub Narayan Upadhyay, J. - (1.) HEARD learned counsel for the parties. It appears that petitioner has been prosecuted for causing torture and treating the complainant with cruelty for want of more dowry. It appears that in course of hearing of bail application of other accused vide A.B.A. No. 737 of 2012, the matter was referred to the Conciliator where this petitioner also appeared and settlement arrived at between the parties.
(2.) IT is submitted that the petitioner is still ready to comply with the undertakings given and the settlement arrived at between the parties. As per the settlement, the brother of the petitioner is handing over the key of the flat situated within Shan -E Ali Apartment, A/4, Parastoli, Doranda to the complainant in the Court itself and the complainant shall be at liberty to occupy the said flat for accommodation of herself and her child. So far other conditions, as agreed between the parties, the petitioner shall abide by. Learned counsel appearing for the complainant has submitted that the complainant has received the key and she would occupy the flat for accommodation of herself and her child without being interfered with by parents of either party.
(3.) SINCE the matter has been settled between the parties, above named petitioner is directed to Surrender before the Court below within a period of four weeks from today and on such surrender he is directed to be released on bail on furnishing bail bond of Rs. 10,000/ - (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the Court of Sri B.R. Tirki, learned Judicial Magistrate, Ranchi in connection with Mahila P.S. Case No. 03 of 2012 corresponding to G.R. Case No. 646 of 2012 with the following conditions: (i) petitioner shall abide by the terms and conditions as agreed between them vide settlement dated 30.04.2012, (ii) the flat which has been given to the complainant for accommodation, shall not be sold of mortgaged without consent of the complainant, (iii) petitioner shall bear the maintenance cost of the flat. (iv) the conditions laid down under Section 438, Cr.P.C. shall be abide by the petitioner. It is made clear that the said flat shall be used by the complainant and her child only for accommodation and the same shall not be given on rent without the consent of the petitioner. She shall also ensure that parents of either side shall not make any interference but they will have their visiting right with the cordial relation of both sides.;


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