LAWS(HPH)-2024-2-6

REETA JHA Vs. STATE OF HIMACHAL PRADESH

Decided On February 26, 2024
Reeta Jha Appellant
V/S
STATE OF HIMACHAL PRADESH Respondents

JUDGEMENT

(1.) 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 Ss. 498-A, 323, 504, and 328 read with Sec. 34 of the Indian Penal Code and Ss. 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.

(2.) I have heard Mr. Vivek Singh Attri, learned counsel for the petitioner and Mr. Jitender Sharma, learned Additional Advocate General for the respondent-State.

(3.) Mr. Vivek Singh Attri, learned counsel for the petitioner relied upon the judgment of the Hon'ble Supreme Court in Priya Indoria Vs. State of Karnataka and others 2023 SCC OnLine SC 1484 to submit that the Court has jurisdiction to grant pre-arrest bail even if the arrest is sought by the authorities located in a different State to enable the petitioner to approach the authority to seek the regular bail. He has also relied upon the following case law: