Patna High Court
SANTOSH SINGH @ KARU @ SANTOSH KUMARversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
Holding
The court held that the allegations of mental and physical cruelty were general and omnibus, and therefore granted bail subject to statutory conditions.
Summary
Santosh Singh was named in an FIR for alleged mental and physical cruelty, dowry demand of Rs.5 lakh, and a second marriage, invoking IPC sections 498A, 504, 34 and Section 3 of the Dowry Prohibition Act. The petitioner sought bail, arguing that the cruelty allegations were vague and that the second marriage claim was unfounded. The State contended that the dowry demand and second marriage were established, but the informant was willing to compromise. The court observed that the allegations were general and omnibus, not sufficient to justify denial of bail, and noted the informant’s readiness for settlement. Consequently, the court ordered the petitioner’s release on bail with a bond of Rs.10,000 and two sureties, subject to conditions under Section 438(2) Cr.P.C. and Section 482(2) Cr.P.C., allowing compromise at any stage of trial.
Issues considered
- Whether the petitioner is entitled to bail despite allegations under Sections 498A, 504, 34 IPC and Section 3 of the Dowry Prohibition Act?
- Whether the alleged mental and physical cruelty, being general and omnibus, warrants denial of bail?
Legislation cited
- Code of Criminal Procedure, 1973 — s. 438(2), 482(2)
- Dowry Prohibition Act — s. 3
- Indian Penal Code — s. 34, 498A, 504
Subjects
- bail
- dowry harassment
- mental cruelty
- physical cruelty
- second marriage
- Section 438 CrPC
- Section 482 CrPC
- IPC 498A
- IPC 504
- IPC 34
- Dowry Prohibition Act
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.65358 of 2023
Arising Out of PS. Case No.-38 Year-2023 Thana- MAHILA P.S. District- Sheikhpura
======================================================
Santosh Singh @ Karu @ Santosh Kumar son of Jivan Singh @ Jivan Ram
Village- Odho PS- Hsua Dist- Nawada
... ... Petitioner/s
Versus
1. The State of Bihar
2. Rani Kumari wife of Santosh Singh @ Karu @ Santosh Kumar, D/o- Late
Mahendra Ram Mohalla- Ganjpar Ps- barbigha Dist- Sheikhpura
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Bipin Kumar
For the Opposite Party/s : Mr.Yogendra Kumar Singh
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL ORDER
3 27-01-2026 Heard the parties.
2. The petitioner is named in the F.I.R. and
apprehending his arrest in connection with Sheikhpura (Mahila)
P.S. Case No. 38 of 2023 registered for the offences punishable
under Sections 498A, 504 and 34 of IPC and Section ¾ of D.P.
Act.
3. The allegation against petitioner is to commit mental
and physical cruelty upon informant due to non-fulfillment of
demand of dowry as raised for cash of Rs. 5 lakhs and also
advancing threat to solemnize another marriage. It was further
alleged that informant came to know that petitioner solemnized his
marriage with another girl (without disclosing her name).
4. It is submitted by learned counsel appearing on
Patna High Court CR. MISC. No.65358 of 2023(3) dt.27-01-2026
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behalf of the petitioner that allegation qua mental and physical
cruelty is appearing very much general and omnibus in nature and
same can be gathered from the FIR itself, as petitioner was in
talking terms with a girl. It was alleged that allegation of second
marriage with unknown girl without specifying any details is
completely unfounded just to aggravate the allegation.
5. Learned APP duly assisted by learned counsel for the
informant while opposing the prayer of bail submitted that
allegation of demand of dowry is available against petitioner and
as per FIR he solemnized second marriage subsisting his first
marriage with informant. However, it is submitted that informant
is ready for compromise.
6. In view of aforesaid factual submission and by taking
note of fact as prima-facie allegation qua committing physical and
mental cruelty is appearing very much general and omnibus in
nature, 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 SDJM,
Sheikhpura/concerned Court, where the case is pending in
connection with Sheikhpura( Mahila) P.S. Case No. 38 of 2023,
Patna High Court CR. MISC. No.65358 of 2023(3) dt.27-01-2026
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subject to the conditions as laid down under Section 438(2) of the
Cr.P.C/ Section 482(2) of BNSS.
7. Parties are free to enter into compromise at any
stage of trial before learned trial court.
(Chandra Shekhar Jha, J.)
S.Tripathi/-
U T
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