Swapnil Bishen @ Swapnil Shatrughan Bishen v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.55607 of 2024 Arising Out of PS. Case No.-676 Year-2023 Thana- EAST CHAMPARAN COMPLAINT District- East Champaran ====================================================== Swapnil Bishen @ Swapnil Shatrughan Bishen Son Of Shatrughan Singh @ Shatrughana Bishen Village- Jalaha Ps- Sangrampur Dist- East Champaran, A/P- Sramiknagar W.No-8, Ps- Mul Dist- Chandarpur Maharastra ... ... Petitioner/S
Versus
1.
The State Of Bihar 2.
Biyuti Kumari Wife Of Swapnil Bishen @ Swapnil Shatrughana Bishen Village- Jalaha Ps- Sangrampur Dist- E.Champaran P/A Sra,Olmagar W/Mp-8, Ps- Mul Dist- Chandarpur M.H, Village- Bangara Ps- Kotwa DistEast Champaran ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Umesh Kumar Singh, Advocate For the Opposite Party/s :
Mr. Atul Chandra, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE S. B. PD. SINGH ORAL ORDER 28-03-2025 Heard learned counsel for the petitioner and complainant as well as learned APP for the State.
2. The petitioner is apprehending his arrest in connection with Complaint Case No. 676 of 2023 for the offence under Sections 498A of the I.P.C. and section 3⁄4 of D.P. Act.
3. It is a case of matrimonial dispute between the parties in which there is allegation on the petitioner regarding abusing and assaulting the complainant for demand of dowry.
4. Learned counsel for the petitioner submits that the petitioner has falsely been implicated in this case, he is innocent
Patna High Court CR. MISC. No.55607 of 2024(4) dt.28-03-2025 2/3 and he has not committed any offence. Petitioner is the husband and the complainant is very highly ambitious lady and she does not want to live with her husband and family members. He also submits that petitioner has never tortured or assaulted the complainant, nor he has ever demanded motorcycle as dowry on any time from her and due to ulterior motive, she fled away from her matrimonial house. There is general and omnibus allegation against the petitioner and there is no specific allegation for demand of dowry and torture against the complainant.
5. Learned APP opposes the prayer for bail.
6. During course of argument, learned counsel for both the parties submits that earlier this case was referred to the Mediation Centre, Patna High Court, Patna where the matter was amicably settled between the parties on the point of one time settlement of Rs. 2,25,000/- (Rupees Two Lakh Twenty Five thousand only) to be given by petitioner in favour of his wife. Learned counsel for both the parties are agreed on the entire term and conditions mentioned in Memorandum of Agreement of Mediation Proceeding No. 1750 of 2024 dated 18.03.2025.
7. Keeping in view the aforesaid facts, this Court is
Patna High Court CR. MISC. No.55607 of 2024(4) dt.28-03-2025 3/3 inclined to enlarge the petitioner on anticipatory bail provisionally, in the event of arrest or surrender within a period of four weeks from the receipt of this order, on furnishing bail bond of Rs. 10,000/- (Ten thousand) each with two sureties of like amount each to the satisfaction of learned sub Divisional Magistrate, Motihari East Champaran , in connection with Complaint Case No. 676 of 2023 subject to the conditions as laid down under Section 438(2) of the Cr.P.C.
8. Trial Court is directed to confirm the provisional bail of petitioner after verifying of entire amount i.e., Rs. 2,25,000/- (S. B. Pd. Singh, J) krishnakant/- U T