BIMLA TIWARI versus STATE OF BIHAR & ORS.

Citation: [2023] 1 S.C.R. 501 · Decided: 16-01-2023 · Supreme Court of India · Bench: DINESH MAHESHWARI, HRISHIKESH ROY · Disposal: Disposed off

Judgment (excerpt)

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BIMLA TIWARI
v.
STATE OF BIHAR & ORS.
(SLP (Criminal) No. 834 – 835 of 2023)
JANUARY 16, 2023
[DINESH MAHESHWARI AND HRISHIKESH ROY, JJ.]
Bail – Pre-arrest bail and regular bail – Grant of –
Considerations – Held: The process of criminal law cannot be
utilised for armtwisting and money recovery, particularly while
opposing the prayer for bail – The question as to whether pre-
arrest bail, or for that matter regular bail, in a given case is to be
granted or not is required to be examined and the discretion is
required to be exercised by the Court with reference to the material
on record and the parameters governing bail considerations – In a
given case, the concession of pre-arrest bail or regular bail could
be declined even if the accused has made payment of the money
involved or offers to make any payment – Conversely, in a given
case, the concession of pre-arrest bail or regular bail could be
granted irrespective of any payment or any offer of payment –
Ordinarily, there is no justification in adopting such a course that
for the purpose of being given the concession of pre-arrest bail,
the person apprehending arrest ought to make payment – Recovery
of money is essentially within the realm of civil proceedings – Criminal
Law.
EXTRA-ORDINARY JURISDICTION : Special Leave Petition
(Crl.) Nos.834-835 of 2023.
From the Judgment and Order dated 14.11.2022 of the High Court
of Judicature at Patna in CRLMN Nos.15125 and 19515 of 2022.
Shaurya Sahay, Adv. for the Petitioner.
The following Order of the Court was passed:
O R D E R
1. Permission to file petitions for special leave is granted.
2. By way of these petitions, the petitioner/informant seeks to
question the order dated 14.11.2022 as passed by the High Court of
   [2023] 1 S.C.R. 501
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SUPREME COURT REPORTS
[2023] 1 S.C.R.
Judicature at Patna in Crl. Misc. Case No. 15125 of 2022 and 19515 of
2022, whereby the High Court took note of the offer made by the accused-
respondent No. 2, of making payment of a sum of Rs.75,000/- (seventy-
five thousand) to the petitioner/informant and, considering such an offer
and having regard to the facts and circumstances of the case pertaining
to offences under Sections 406 and 420 of the Indian Penal Code, 1860
and Sections 3 and 4 of the Dowry Prohibition Act, 1961, granted the
concession of pre-arrest bail to the respondents, subject to the offered
payment.
3. The allegations had been that marriage of the informant’s
daughter was fixed with son of the respondent No. 2 and in the
engagement rituals, amongst other things, the informant’s husband gave
a sum of Rs. 6,00,000/- (six lakhs) in cash to the respondents. According
to the petitioner-informant, thereafter, the respondents demanded further
money and vehicle and, for such a demand being found inappropriate,
the marriage was called off but the respondents did not return the money
and the articles.
4. It appears from the submissions made that earlier, the
respondents’ prayer for pre-arrest bail was declined by the Court of
Additional Sessions Judge-IV, Patna and then, the petition filed in the
High Court bearing No. 5967 of 2019, seeking pre-arrest bail, was also
dismissed on 02.04.2019. It appears further that after the report of
investigation, the Trial Court found enough material to take cognizance
of the offences against the accused in its order dated 14.09.2020. The
respondents, thereafter, made yet another prayer for pre-arrest bail which
was again declined by the Court of Additional Sessions Judge–IV, Patna
on 21.12.2021. Hence, the respondents approached the High Court and
their petitions were considered together and decided by the common
order dated 14.11.2022, which is sought to be questioned in these petitions
by the informant.
5. One of the submissions before the High Court while seeking
pre-arrest bail had been that one of the accused, namely Vijaya Malviya,
was granted pre-arrest bail by the High Court in its order dated 10.03.2022
passed in Criminal Misc. No.32384 of 2021 after considering that the
money involved in the matter had been returned by a Bank Draft in the
sum of Rs. 6,00,000/- (six lakhs), drawn in favour of the informant,
which was handed over to her counsel.
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6. The pre-arrest bail plea of the respondents herein was, however,
opposed by the State as also by the informant, inter alia, on the ground
that the processes under Sections 82 and 83 of the Code of Criminal
Procedure,1973 (‘CrPC’) had al

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