Sanu Swarnkar @ Sonu Swarnkar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.85557 of 2024 Arising Out of PS. Case No.-2 Year-2024 Thana- MAHILA P.S. District- Madhubani ====================================================== Sanu Swarnkar @ Sonu Swarnkar S/o Late Sunil Swarnkar R/o VillageVishwas Tola, P.S.- K.Nagar, (O.P.Champanagar), District- Purnea ... ... Petitioner/s
Versus
1.
The State of Bihar 2.
Pallawi Kumari D/o Pradeep Kumar Prasad R/o Village- Laheriyaganj, P.S.- Town Madhubani, District- Madhubani ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Ashok Kumar For the Opposite Party/s :
Mr.Ajay Kumar Jha ====================================================== CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA ORAL ORDER 05-05-2025
1. Heard learned counsel for the petitioner, learned APP for the State and learned counsel for the informant.
2. The petitioner apprehends his arrest in connection with Mahila P.S. Case No.02 of 2024 registered under Sections 341, 323, 504, 498A, 379, 506/34 of the Indian Penal Code and Section 3⁄4 of the Dowry Prohibition Act.
3. As per the prosecution case, the informant states that her marriage was solemnized with the petitioner in the year 2003. After some years of marriage, all accused persons including the petitioner herein started to assault her mentally and physically on account of non-fulfillment of demand of dowry and ultimately ousted her from matrimonial house.
Patna High Court CR. MISC. No.85557 of 2024(4) dt.05-05-2025 2/3
4. Learned counsel for the petitioner submits that earlier vide order dated 13.12.2024, the matter was sent to the Patna High Court, Mediation Center for reaching settlement between the parties and a report of the Mediation Center is available on the record.
5. A perusal of the same would go to show that memorandum of agreement has been reached between the parties in the Mediation Proceeding No.06 of 2025 dated 07.03.2025. According to this said agreement, the petitioner has already paid an amount of Rs.4,50,000/- to the O.P. No.2, as a result of which all the grievances between the parties have finally been resolved and the said payment would stand as full and final settlement of all disputes between the parties.
6. It has been submitted by the counsel appearing for the parties that an application under Section 13(B) of the Hindu Marriage Act has also been filed before the Principal Judge, Family Court, Madhubani and both the parties would be withdrawing their respective cases filed against each other.
7. In such view of the matter and also taking into consideration the mediation report of settlement between the parties, it is directed that the petitioner, above named, in the event of his arrest or surrender before the learned Court below
Patna High Court CR. MISC. No.85557 of 2024(4) dt.05-05-2025 3/3 within a period of four weeks, be released on anticipatory bail in connection with Mahila P.S. Case No.02 of 2024 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned S.D.J.M, Madhubani, subject to the condition laid down under Section 438(2) of the Code of Criminal Procedure/Section 482(2) of the B.N.S.S, 2023 and subject to the further condition that both the parties would strictly abide to the terms and conditions of the settlement. In any case of violation of the same, the opposite party no. 2 is at liberty to approach the learned Court below for cancellation of anticipatory bail of the petitioner.
(Soni Shrivastava, J) sharun/- U T