Patna High Court
Praphul Kumar @ Praful Kumar JhaversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
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
- Dowry Prohibition Act — s. 3, 4
- Indian Penal Code — s. 120B, 419, 420
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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