Patna High Court
SHASHIRAS SINGH @ SHASHIRAS @ SHASHIRAJ SINGHversusTHE STATE OF BIHAR
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The court granted anticipatory bail to the petitioner subject to bail bond, sureties, and a maintenance condition.
Summary
The petitioner, Shashiras Singh, sought anticipatory bail fearing arrest in a dowry harassment case (Section 498-A IPC and Section 3 Dowry Prohibition Act) alleging assault for dowry demand. He claimed innocence and alleged false implication, while the State opposed the bail. Relying on the Supreme Court's guidelines in Arnesh Kumar v. State of Bihar, the High Court allowed the anticipatory bail application. The bail was conditioned on a Rs.10,000 bond with two sureties, compliance with Section 438(2) CrPC and Section 482 CrPC, and a monthly maintenance payment of Rs.20,000 to the informant, failure of which would lead to bail cancellation. The order is subject to any future maintenance proceedings.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under Section 438 CrPC despite serious allegations under 498-A IPC and the Dowry Prohibition Act.
- Whether imposing a maintenance payment as a condition of bail is permissible.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 438(2), 482
- Dowry Prohibition Act — s. 3
- Indian Penal Code — s. 498-A
Subjects
- anticipatory bail
- dowry harassment
- Section 498-A IPC
- maintenance order
- Section 438 CrPC
- Section 482 CrPC
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.70493 of 2025
Arising Out of PS. Case No.-16 Year-2025 Thana- CHAND District- Kaimur (Bhabua)
======================================================
SHASHIRAS SINGH @ SHASHIRAS @ SHASHIRAJ SINGH S/O
SANTOSH SINGH R/O VILL.- MALHAUNA, P.S.- BOSDIH, DIST.-
BALLIA, PRESENTLY R/O VILLAGE- INDIA RAM MANDIR COLONY ,
P.S. OBRA , DISTRICT ROBERTSGANJ, U.P.
... ... Petitioner/s
Versus
1. THE STATE OF BIHAR PATNA
2. SWECHHA SINGH W/O SHASHIRAJ SINGH, D/O JITENDRA PRATAP
SINGH R/O VILL.- KILNI, P.S.- CHAND, DIST.- KAIMUR
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Tribhuwan Narayan
For the Opposite Party/s : Mr.Md. Anzarul Haque Sahara
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
3 09-03-2026 Heard learned counsel for the petitioner, learned
counsel for the Informant and learned APP for the State.
2. The petitioner apprehends his arrest in connection
with Chand P.S. Case No. 16 of 2025 registered for the offence
under Section 498-A of the Indian Penal Code and under
section ¾ of the Dowry Prohibition Act.
3. As per the prosecution case, the petitioner is
accused of assaulting and torturing the victim for demand of
dowry.
4. It has been submitted by the learned counsel for
the petitioner that the petitioner is innocent and he has falsely
been implicated in this case.
Patna High Court CR. MISC. No.70493 of 2025(3) dt.09-03-2026
2/3
5. Learned counsel for the State and learned
counsel for the informant has opposed the application of the
petitioner.
6. Considering the aforesaid facts along with the
submission of the parties and in view of the law laid down by
the Hon’ble Supreme Court in the case of Arnesh Kumar Vs.
State of Bihar reported in (2014) 8 SCC 273, this application of
grant of anticipatory bail is allowed.
7. Let the petitioner, above named, in the event of
his arrest or surrender before the concerned Court below within
six weeks from today, be released on bail on furnishing bail
bond of Rs. 10,000/- (Ten Thousand) with two sureties of the
like amount each to the satisfaction of the learned Judicial
Magistrate, 1st Class, Kaimur at Bhabhua/concerned Court
below in connection with Chand P.S. Case No. 16 of 2025,
subject to the conditions laid down in Section 438(2) of the
Code of Criminal Procedure, 1973 / Section 482 of the BNSS.
8. As a condition of this order, the petitioner is
directed to pay a maintenance amount of Rs. 20,000/- from the
month of March, 2026 to the informant and the maintenance for
the month of March, 2026 shall be paid to the informant within
ten days of pronouncement of this order and thereafter the
Patna High Court CR. MISC. No.70493 of 2025(3) dt.09-03-2026
3/3
maintenance amount from the month of April, 2026 shall be
paid to the informant every month before the 10 th day of the
month and if the petitioner fails to pay the maintenance amount
to the opposite party no. 02 then his bail bonds shall be
cancelled by the Court below.
9. It is made clear that the aforesaid maintenance
order will be subject to the outcome of any order of concerned
Court below passed in maintenance proceedings, if any.
(Sandeep Kumar, J)
Vikas/-
U
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