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2024 Supreme(HP) 261

RAKESH KAINTHLA
Reeta Jha – Appellant
Versus
State of Himachal Pradesh – Respondent


Advocates:
Advocate Appeared:
For the Petitioner:Mr. Vivek Singh Attri, Advocate.
For the Respondent:Mr. Jitender Sharma, Additional Advocate General.

JUDGMENT :

Rakesh Kainthla, J.

The petitioner has filed the present petition to seek pre-arrest/transit bail in complaint case No. 1038(C) of 2023, for the commission of offences punishable under Sections 4 98-A, 323, 504, and 328 read with Section 3 4 of the INDIAN PENAL CODE and Sections 3 and 4 of the PROHIBITION OF DOWRY ACT , 1961. It has been asserted that the petitioner was falsely implicated at the instance of her daughter-in-law Smt. Shivangini alias Sakshi. Akash Jha, elder son of the petitioner, got married to the complainant Smt. Shivangini alias Sakshi on 21.2.2019 as per Hindu Rites and Customs. She filed a complaint against the petitioner, petitioner’s two sons and her husband. The complaint was registered as complaint case No. 1038(C) of 2021 in the Court of learned Sub Divisional Judicial Magistrate. The petitioner was granted pre-arrest bail by learned Additional Sessions Judge, Patna on 24.11.2022. Her husband and her younger son were also granted pre-arrest bail by learned Additional Sessions Judge-I, Patna on 16.11.2021. The husband of the complainant was also granted pre-arrest bail by Patna High Court on 19.5.2023. Section 3 28 of IPC was added subsequently,

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