Fulmat Devi @ Sumantri Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.2864 of 2019 Arising Out of PS. Case No.-83 Year-2018 Thana- SC/ST District- Nalanda ====================================================== Fulmat Devi @ Sumantri Devi aged about 65 years Wife of Kailu Yadav @ Kailash Yadav Resident of Village- Harprasad Bigha, P.S.- Ben, DistrictNalanda at Biharsharif. ... ... Appellant/s

Versus

The State of Bihar ... ... Respondent/s ====================================================== Appearance :

For the Appellant/s :

Mr. Anil Kumar, Advocate For the Respondent/s :

Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT Date : 16-11-2019 Heard learned counsel for the appellant. Nobody appears on behalf of the State.

2. The appellant apprehends arrest in connection with SC/ST PS Case No. 83 of 2018 instituted under Sections 147, 148, 149, 341, 342, 323, 326, 307, 325, 504, 506 of the Indian Penal Code and Section 3(1)(r)(s) and 3(2) (v) (a) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 (hereinafter referred to as the 'Act').

3. As per the allegation, the appellant along with five others had assaulted the informant and her husband and had also abused them by taking caste name.

Patna High Court CR. APP (SJ) No.2864 of 2019 dt.16-11-2019 2/2

4. Having regard to the aforesaid, where prima facie allegation under the Act is made out, in the considered opinion of the Court, bar under Section 18 of the Act would apply and, thus, petition under Section 438 of the Code of Criminal Procedure, 1973, would not be maintainable.

5. For reasons aforesaid, the application stands dismissed.

(Ahsanuddin Amanullah, J.) P. Kumar AFR/NAFR U T