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Patna High Court

Praphul Kumar @ Praful Kumar JhaversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court held that bail should be granted subject to a bond, sureties and staged monetary deposits as directed under Section 482(2) of BNSS 2023.

Summary

The petitioner, Praphul Kumar Jha, was charged under IPC sections 419, 420 and 120B and sections 3 and 4 of the Dowry Prohibition Act for allegedly taking Rs.9 lakh as dowry and then refusing to marry or return the money. He sought bail, asserting he would deposit Rs.8.5 lakh in installments within six months without admitting guilt. The Court, after hearing counsel, granted bail on the condition of a Rs.10,000 bond with two sureties, an immediate deposit of Rs.5 lakh in the court’s Nazarat, and a further Rs.3.5 lakh within six months, invoking Section 482(2) of the BNSS 2023. The order was made without prejudice to the merits of the case and is subject to compliance with the stipulated conditions. Failure to comply may lead to cancellation of the bail bond.

Issues considered

  • Whether the petitioner is entitled to bail in a case involving sections 419, 420, 120B IPC and sections 3,4 of the Dowry Prohibition Act.
  • Whether the court may impose monetary deposit conditions under Section 482(2) of the BNSS 2023 while granting bail.

Legislation cited

Subjects

  • bail
  • dowry
  • cheating
  • criminal conspiracy
  • IPC
  • Dowry Prohibition Act
  • Section 482
  • BNSS 2023
  • court conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                CRIMINAL MISCELLANEOUS No.786 of 2026
                    Arising Out of PS. Case No.-169 Year-2017 Thana- LALIT NARAYAN UNIVERSITY
                                                    District- Darbhanga
                 ======================================================
                 Praphul Kumar @ Praful Kumar Jha Son of Late Uday Chandra Jha R/o
                 Mohalla - Beladullah, Ward no. 3, Ward no. 3, Police Station - LNMU, Dist. -
                 Darbhanga, At present posted as Director, Sales Marketing, Eshipjet, Regus
                 Building, 3rd floor, Madhavpur, P.S. - Madhavpur, Hyderabad City,
                 Hyderabad(Telangana).

                                                                              ... ... Petitioner/s
                                                     Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Ramakant Sharma, Advocate
                                                 Mr. Adarash Prasar , Advocate
                                                 Mr. Mayank Raj, Advocate
                                                 Mr. Rahul Singh, Advocate
                                                 Mr. Rakesh Kumar Sharma, Advocate
                 For the Opposite Party/s :      Mr. Sanjay Kumar Tiwary, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

2   21-01-2026                          Heard learned counsel for the petitioner and the

                   State .

                                 2. The petitioner apprehends arrest in a case registered

                   for the offence punishable under sections 419, 420 and 120 B of

                   IPC and 3/ 4 of the D. P Act.

                                 3 . As per the prosecution case , this petitioner along

                   with other co-accused persons took Rs. 9,00,000/- from the

                   informant as dowry, to solemnize marriage of the informant’s

                   daughter with petitioner, but later on, petitioner refused to marry

                   or return the money .
Patna High Court CR. MISC. No.786 of 2026(2) dt.21-01-2026
                                            2/3




                       4. At the outset learned counsel for the petitioner Mr.

          Ramakant Sharma submitted that petitioner without admitting

          his guilt and without prejudice to his right and contention ,

          states that the petitioner is ready to deposit Rs. 8,50,000/- in

          installments within six months in the Nazarat of the concerned

          Civil Court.

                       5 . Considering the aforesaid facts of the case, prayer

          for bail of the petitioner is allowed. In the event of

          arrest/surrender within eight weeks from today, let the

          petitioner, mentioned above, be enlarged on bail on furnishing

          bail bond of Rs.10,000/- (ten thousand) with two sureties of the

          like amount each to the satisfaction of Judicial Magistrate Ist

          Class, Darbhanga in connection with LNMU , P S Case No.

          169 of 2017, subject to the conditions laid down under section

          482 ( 2 ) of BNSS 2023 as well as on following conditions:-

                       (i) At the time of furnishing bail bond, Rs. 5 lacs

          shall be deposited by the petitioner in the Nazarat of the

          concerned Court below .

                       (ii) Rest amount of Rs. 3 lacs 50 thousand shall be

          deposited by the petitioner in within six months thereafter.

                       (iii) If the petitioner fails to comply with the aforesaid

          direction of this court, the court below shall be at liberty to
            Patna High Court CR. MISC. No.786 of 2026(2) dt.21-01-2026
                                                        3/3




                      cancel the bail bonds of the petitioner.

                                   6. It is made clear that without going into the merit of

                      the case, aforesaid order has been passed only for the purpose of

                      grant of bail and this deposit would be subject to the final result

                      of the criminal case .



                                            (Prabhat Kumar Singh, J)
Koushik/-

U      T


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