Patna High Court
Fulo Devi vs The State Of Bihar on 7 October, 2025
Author: Alok Kumar Pandey
Bench: Alok Kumar Pandey
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.1484 of 2024
Arising Out of PS. Case No.-20 Year-2023 Thana- SC/ST District- Munger
======================================================
FULO DEVI WIFE OF MAHESH PASWAN RESIDENT OF VILLAGE -
PARHAM, P.S. - NAYARAM NAGAR (SAFIABAD O.P.), DISTRICT -
MUNGER
... ... Appellant/s
Versus
1. THE STATE OF BIHAR
2. PRATAP NARAYAN @ PRATAP NARAYAN CHOWDHARY SON OF
RAMANAND CHOWDHARY RESIDENT OF VILLAGE - PARHAM,
P.S. - NAYARAM NAGAR (SAFIABAD O.P.), DISTRICT - MUNGER
3. HARERAM SAH SON OF KUSHESHWAR SAH RESIDENT OF
VILLAGE - PARHAM, P.S. - NAYARAM NAGAR (SAFIABAD O.P.),
DISTRICT - MUNGER
4. PARMANAND CHOWDHARY SON OF CHANDRADEV
CHOWDHARY RESIDENT OF VILLAGE - PARHAM, P.S. - NAYARAM
NAGAR (SAFIABAD O.P.), DISTRICT - MUNGER
5. GAURAV THAKUR @ TIRKHAL @ GAURAV KUMAR @ TIRKHAL
THAKUR SON OF BALESHWAR THAKUR RESIDENT OF VILLAGE -
PARHAM, P.S. - NAYARAM NAGAR (SAFIABAD O.P.), DISTRICT -
MUNGER
6. BASUDEO CHOWDHARY SON OF RAMDHAN CHOWDHARY
RESIDENT OF VILLAGE - PARHAM, P.S. - NAYARAM NAGAR
(SAFIABAD O.P.), DISTRICT - MUNGER
7. ANSHUMAN CHOWDHARY SON OF VINOD CHOWDHARY
RESIDENT OF VILLAGE - PARHAM, P.S. - NAYARAM NAGAR
(SAFIABAD O.P.), DISTRICT - MUNGER
8. INDAL CHOWDHARY SON OF LATE RAM CHOWDHARY RESIDENT
OF VILLAGE - PARHAM, P.S. - NAYARAM NAGAR (SAFIABAD O.P.),
DISTRICT - MUNGER
9. HARIOM CHOWDHARY SON OF FAKIRA CHOWDHARY RESIDENT
OF VILLAGE - PARHAM, P.S. - NAYARAM NAGAR (SAFIABAD O.P.),
DISTRICT - MUNGER
10. ANAND MOHAN THAKUR @ PINKU THAKUR SON OF
BALESHWAR THAKUR RESIDENT OF VILLAGE - PARHAM, P.S. -
NAYARAM NAGAR (SAFIABAD O.P.), DISTRICT - MUNGER
11. MANTU SAH SON OF NANKESH SAH RESIDENT OF VILLAGE -
PARHAM, P.S. - NAYARAM NAGAR (SAFIABAD O.P.), DISTRICT -
MUNGER
12. KUNDAN CHOWDHARY SON OF JAY RAM CHOWDHARY
RESIDENT OF VILLAGE - PARHAM, P.S. - NAYARAM NAGAR
(SAFIABAD O.P.), DISTRICT - MUNGER
13. MAHESH CHOWDHARY SON OF SAUDAGAR CHOWDHARY
Patna High Court CR. APP (SJ) No.1484 of 2024 dt.07-10-2025
2/6
RESIDENT OF VILLAGE - PARHAM, P.S. - NAYARAM NAGAR
(SAFIABAD O.P.), DISTRICT - MUNGER
14. GANESH CHOWDHARY @ DUKHO CHOWDHARY SON OF
RAMSWAROOP CHOWDHARY RESIDENT OF VILLAGE - PARHAM,
P.S. - NAYARAM NAGAR (SAFIABAD O.P.), DISTRICT - MUNGER
... ... Respondent/s
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Appearance :
For the Appellant/s : Mr. Ratnakar Ambastha, Adv
For the Respondent/s : Mr. Binay Krishna, SPP
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CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY
ORAL JUDGMENT
Date : 07-10-2025
Heard both the parties.
2. The present appeal is directed against the order
dated 18.01.2024 passed in SC/ST P.S. Case No. 20/2024
passed by Special Judge (SC/ST Act), Munger to the extent that
cognizance was not taken against respondent nos. 10 to 14
under Sections 307 & 354 I.P.C. and further no cognizance was
taken against Respondent Nos. 2 to 9.
3. As per prosecution case, informant (appellant) and
his family members had gone to Durgasthan Temple for
participating in the marriage rituals of daughter of Pramod Das.
Her son Amit Kumar, Moti Paswan, Vinay Paswan, Babloo
Paswan Mahesh Paswan were also participating in the said
rituals. Her son Amit Kumar was taking snaps of the marriage
rituals being held at the temple, meanwhile, Anand Mohan
Thakur snatched out the mobile of her son, Pratap Narayan
Patna High Court CR. APP (SJ) No.1484 of 2024 dt.07-10-2025
Chowdhary, Mantu Sah, Mahesh Chowdhary, Kundan
Chowdhary, Hareram Sah, Parmanand Chowdhary, Gaurav
Thakur @ Tirkhal. Ganesh Chowdhary, Hariom Chowdhary,
Anshuman Chowdhary and others arrived there and Pratap
Narayan Chowdhary ordered to kill Amit Kumar and to throw
him in the Ganga River. Mahesh Chowdhary, with intention to
kill, put a Gamchha around the neck of her son, Anand Mohan
and Pratap Narayan Chowdhary assaulted the informant's son
with iron rod on his head, as a result of which he sustained
injury and blood started oozing out . When informant came to
rescue her son, Tirkhal Thakur and Hariom Chowdhary pushed
her down on the earth and started assaulting with iron rod and
Lathi. It is alleged that all the accused assaulted Moti Paswan,
Babloo Paswan, Mahesh Paswan by means of iron rod and lathi
and abused them by their caste name and threatened them to
withdraw the earlier case.
4. Learned counsel for the appellant has submitted
that witnesses have consistently supported the allegations made
in the FIR and police after investigation rightly submitted
charge-sheet against Respondent Nos. 10 to 14. It has been
submitted the police has exceeded its jurisdiction and relied on
the statement of one or two defence witness and did not file
Patna High Court CR. APP (SJ) No.1484 of 2024 dt.07-10-2025
charge-sheet against Respondent Nos. 2 to 9 whereas all the
witnesses including injured except one or two witnesses have
fully and consistently supported the prosecution case. It has
been submitted that cognizance was taken on 08.01.2024
against Respondent Nos. 10 to 14 in the minor offences and no
cognizance was taken against Respondent Nos. 2 to 9, causing
prejudice to the appellant and victims of the case.
5. Learned counsel on behalf of the State has
submitted that FIR has been lodged by the informant and the I.O
after investigation submitted charge-sheet against Anand Mohan
Thakur, Mantu Sah, Kundan Chowdhary, Mahesh Chowdhary,
Ganesh Chowdhary and thereafter the concerned court has
passed the impugned order dated 18.01.2024. It has further been
submitted that the concerned Court has recorded the finding that
the on the basis of perusal of F.I.R., chargesheet and after
referring paragraphs 5,6,7, 19,20, 21, 22, 63 and 64, the court
has found a prima facie case is made out against Anand Mohan
Thakur, Mantu Sah, Kundan Chowdhary, Mahesh Chowdhary
and Ganesh Chowdhary (respondent nos. 10 to 14), and
accordingly, the concerned court has taken cognizance against
respondent nos. 10 to 14 for the offence punishable under
Sections 323, 325, 341, 504, 506/34 of the I.P.C. & Section 3(1)
Patna High Court CR. APP (SJ) No.1484 of 2024 dt.07-10-2025
(r)(s), 3(2)(va) of the Scheduled Castes and Tribes (Prevention
of Atrocities) Act. In this way, the concerned court has applied
its judicious mind and after going through all the material
available on record, the court has passed the reasoned order, and
hence, no interference is needed.
6. From perusal of the order dated 18.01.2024 passed
by the Special Judge (SC/ST Act), Munger in SC/ST P.S. Case
No. 20 of 2023, it appears that the concerned court has well
explained the reasons for passing the impugned order. The
concerned court has recorded a finding that from perusal of the
F.I.R., charge-sheet and paragraphs 5, 6, 7, 19, 20, 21, 22, 63 &
64 of the case diary, a prima facie case is made out against the
accused persons namely, Anand Mohan Thakur, Mantu Sah,
Kundan Chowdhary, Mahesh Chowdhary, Ganesh Chowdhary
for the offence punishable under Sections 323, 325, 341, 504,
506/34 of the I.P.C. & Section 3(1)(r)(s), 3(2)(va) of the
Scheduled Castes and Tribes (Prevention of Atrocities) Act. The
concerned court after applying its judicious mind and after
considering the materials available on record, has taken
cognizance against respondent nos. 10 to 14 and further has
dropped the proceeding against the remaining respondents. In
this way, the order passed by the concerned Court is justified
Patna High Court CR. APP (SJ) No.1484 of 2024 dt.07-10-2025
and legal and there is no reason to differ from the findings of
the concerned Court recorded while passing the impugned order.
7. Keeping in view all the aspects and discussions
made above, this Court finds no ground to interfere with the
impugned order dated 18.01.2024.
9. Accordingly, the present appeal stands dismissed at
the stage of admission itself.
10. However, the appellant will be at liberty to raise
his grievance, if any, at the appropriate Stage.
(Alok Kumar Pandey, J)
krishnakant/-
AFR/NAFR NAFR
CAV DATE NA
Uploading Date 09.10.2025
Transmission Date 09.10.2025
