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Supreme Court of India 2023-01-16 dismissed

BIMLA TIWARI vs STATE OF BIHAR & ORS

Bench: 2 — Dinesh Maheshwari, Hrishikesh Roy

In Brief

A woman filed an SLP challenging a High Court order granting pre-arrest bail to accused in a dowry case where Rs. 6 lakhs was given at engagement and not returned. The High Court had conditioned bail on payment of Rs. 75,000. The Supreme Court dismissed the SLP and affirmed the bail, but crucially annulled the payment condition, holding that criminal bail processes cannot be used for money recovery and must not be made contingent on compensation to the complainant. The Court emphasized that bail decisions must rely on proper legal parameters, not payment offers.

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Criminal Procedure Bail Dowry Cheating Wrongful Restraint Money Recovery

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