Annu Jaiswal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.35783 of 2022 Arising Out of PS. Case No.-305 Year-2021 Thana- CHHAURADANO District- East Champaran ====================================================== ANNU JAISWAL WIFE OF SONU KUMAR @ SONU MUKHIYA R/OVILL- JUAFFAR, P.S.- CHHAURADANO, DIST.- EAST CHAMPARAN ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ravi Raj, Advocate For the Opposite Party/s :

Mr. Md. Iftekhar Mahmood, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 29-11-2022 Heard learned senior counsel for the petitioner and learned A.P.P. for the State.

The petitioner apprehends her arrest in a case registered for the offences punishable under Sections 147, 149, 341, 323, 337, 338, 427, 448, 379, 385, 354, 308, 504 and 506 of the Indian Penal Code.

Learned senior counsel for the petitioner submits that the petitioner has antecedent of one case and is a woman and is the elected Mukhiya of the Gram Panchayat and the informant alleges that on 14.11.2021 at 09:30 PM, he came back home when petitioner's husband and her 40-50 supporters came to his rooftop and started pelting stone, when informant's sister-in-law came in the courtyard, she was hit by stone thrown by Sonu Kumar and she fell unconscious on the ground. Thereafter, Sonu forcefully entered the house along with four other accused including the petitioner and

Patna High Court CR. MISC. No.35783 of 2022(2) dt.29-11-2022 2/2 some unidentified accused persons and gave orders to kill. In sum and substance, the present occurrence is alleged to have taken place on account of dispute relating to election in which the petitioner won as Mukhiya.

Learned senior counsel for the petitioner submits that the allegations are general and omnibus in nature, it is next submitted that the date of occurrence is 14.11.2021 and the F.I.R has been instituted on 23.11.2021 i.e. after the delay of 9 days without any plausible explanation which creates doubt with regard to the veracity of the allegation as alleged in the F.I.R.

Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.

Considering the submissions made by the learned senior counsel for the petitioner, the petitioner above-named, in the event of her arrest or surrender before the learned trial court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned trial court where the case is pending/successor court in connection with Chhauradano P.S. Case No. 305 of 2021 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C. (Satyavrat Verma, J) Rishabh/- U T