Anuradha Gupta @ Anuradha Devi v. The State Of Bihar Through The D. G. P. Bihar, Patna And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Writ Jurisdiction Case No. 603 of 2017 ====================================================== Anuradha Gupta @ Anuradha Devi, Wife of Sri Rajesh Kumar Gupta, Resident of Hospital Road Naya Bazar Pokhra Near Adda, No. 3 P.O. + P.S. - Siwan, District Siwan .... .... Petitioner

Versus

1. The State of Bihar through the D.G.P. Bihar, Patna

2. The Superintendent of Police, Vigilance Patna

3. The Superintendent of Police, Siwan, District Siwan .... .... Respondents ====================================================== Appearance :

For the Petitioner : Mr. S.B.K. Mangalam, Advocate For the Respondents : Md. Nasrul Huda Khan (SC1) ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 26-04-2017 Heard learned counsel for the petitioner as well as the respondents.

Petitioner Anuradha Gupta @ Anuradha Devi is an accused in connection with Special Case No. 03 of 2017 arising out of Vigilance Police Station Case No. 01 of 2017. She has filed Anticipatory Bail Application No. 30 of 2017 before the Special Judge, Vigilance, North Bihar, Muzaffarpur which is pending for hearing. The petitioner further filed an interlocutory application on 24.04.2017 vide Annexure-2 praying for ad interim stay of her arrest in the aforesaid case so that she may file nomination for Municipal Election, 2017 and last date for filing of the nomination is 27.04.2017.

The petitioner has stated on oath that the learned

Patna High Court Cr. WJC No.603 of 2017 (2) dt.26-04-2017 2/2 court below in casual manner post the interlocutory application for hearing along with the bail petition.

In the circumstances, petitioner has invoked the writ jurisdiction of this Court for protection of her fundamental rights. Since, the petitioner has fundamental right to contest the election and the said right cannot be casually curtailed. Hence, no coercive step shall be taken against the petitioner in the aforesaid case till 30th of April, 2017. Thereafter, the petitioner would pursue her matter before the court below for hearing the anticipatory bail application.

With the aforesaid observation, this application stands disposed of.

The petitioner would produce a copy of this order soon after its pronouncement before the respondent-authorities. (Birendra Kumar, J) Kundan/- U T