Patna High Court
Dr. Shashi Shekhar Singh @ Shashi ShekharversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
Holding
The court held that the allegations were general and omnibus, and therefore granted bail to the petitioner.
Summary
Dr. Shashi Shekhar Singh was named in a complaint (No. 2367 of 2023) alleging offences under IPC sections 323 and 498A, claiming cruelty for non‑payment of dowry demands. The petitioner argued that the complaint was false, arising from domestic differences, and sought bail. The wife opposed bail, contending she had no income and the petitioner forced her out of the matrimonial home. The High Court observed that the allegations of cruelty and physical assault were vague and omnibus, and therefore not sufficient to deny bail. Consequently, the court granted bail on a bond of Rs.10,000 with two sureties, invoking the inherent powers of the court under Section 482(2) of the CrPC, and directed the parties to seek amicable settlement in the trial court.
Issues considered
- Whether the allegations of cruelty and physical assault under IPC 323 and 498A justify denial of bail.
- Whether the petitioner is entitled to bail under the inherent powers of the High Court under Section 482(2) of the CrPC.
Legislation cited
- Code of Criminal Procedure — s. 482(2)
- Indian Penal Code — s. 323, 498A
Subjects
- bail
- dowry harassment
- cruelty
- IPC 498A
- IPC 323
- general and omnibus allegations
- Section 482 CrPC
- high court inherent powers
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.15775 of 2025
Arising Out of PS. Case No.-2367 Year-2023 Thana- SIWAN COMPLAINT CASE District-
Siwan
======================================================
Dr. Shashi Shekhar Singh @ Shashi Shekhar S/o Late Lalan Prasad Singh
Resident of Vill- Jai Prakash Nagar, Gali No-04, P.S.- Bettiah Muffasil, Dist-
West Champaran
... ... Petitioner/s
Versus
1. The State of Bihar
2. Kumari Pranjal W/o Dr. Shashi shekhar Singh @ Shashi Shekhar, D/o
Kashinath Singh R/o vill - Sahlaur Hata, P.S.- Sahayak Sarai, P.o.- Sahlaur,
Distt.- Siwan
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sanjeev Kumar, Adv.
Mr. Ritesh Kashyap, Adv.
For the Opposite Party/s : Mr. Raj Ballabh Singh, Adv.
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL ORDER
6 19-01-2026 Heard the parties.
2. The petitioner is named in the complaint case and
apprehending his arrest in connection with Complaint Case
No. 2367 of 2023 registered for the offences punishable
under Sections 323, 498A of IPC.
3. The allegation against petitioner is to commit
cruelty upon complainant due to non fulfillment of demand of
dowry as raised for flat in Patna and cash of Rs. 25 lakhs.
4. It is submitted by learned counsel appearing on
behalf of the petitioner that the petitioner is doctor, posted in
Patna High Court CR. MISC. No.15775 of 2025(6) dt.19-01-2026
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district Gopalganj, whereas O.P. No. 2 is also software
engineer who is working with some private company. It is
submitted that due to differences arising out of daily issues
and care, the present false complaint was lodged with general
and omnibus allegation qua demand of dowry and also of
physical assault. It is submitted that the petitioner is ready to
settle the issue amicably as it is not possible for him to rejoin
the company of complainant as both are living separately
since 2020.
5. Heard learned APP.
6. Both parties are present in person.
7. Learned counsel appearing for O.P. No. 2 while
opposing the prayer of bail submitted that for the present
complainant is not working with any private company. It is
pointed out that the complainant is ready to join her
matrimonial home but it is the petitioner who always force her
to remain outside. It is also submitted that the petitioner is
not taking care of complainant as she is not working with any
company and having no source of income.
8. In view of aforesaid factual submission and by
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taking note of fact as allegation of committing cruelty and
also of physical assault is appearing very much general and
omnibus against petitioner, accordingly petitioner above-
named, in the event of his arrest or surrender before the court
below within a period of four weeks, is directed to be released
on bail, furnishing bail bond of Rs. 10,000/- (Rupees Ten
Thousand) with two sureties of the like amount each to the
satisfaction of the learned JM 1st Class, Siwan /concerned
Court, where the case is pending in connection with Complaint
Case No. 2367 of 2023, subject to the conditions as laid down
under Section 482(2) of BNSS.
9. Parties are free to approach learned trial court/
concerned family court with their grievances qua amicable
settlement.
(Chandra Shekhar Jha, J)
Sudha/-
U T
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