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Patna High Court

ANITA SINHAversusTHE STATE OF BIHAR

Decided
Disposal
WITHDRAWN

Holding

The appeal under Section 372 Cr.P.C. is dismissed as withdrawn.

Summary

An appeal under the proviso to Section 372 of the Criminal Procedure Code was filed by Anita Sinha against the State of Bihar and two private respondents arising from a 2018 criminal case. The trial record contained no eye‑witness or any other witness to link the accused to the alleged offence. The learned counsel for the appellant acknowledged the complete absence of evidential support and questioned the propriety of maintaining the appeal. The Court observed that, in such circumstances, the appeal could not be sustained and should be dismissed with costs. The appellant then sought unconditional withdrawal of the appeal, which the State did not oppose. Consequently, the Court dismissed the appeal as withdrawn.

Issues considered

  • Whether an appeal under the proviso to Section 372 Cr.P.C. is maintainable when the prosecution case lacks any eye‑witness or connecting witness.
  • Whether the appellant may withdraw the appeal unconditionally.

Legislation cited

Subjects

  • Section 372 appeal
  • withdrawal of appeal
  • lack of evidence
  • criminal procedure
  • acquittal

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                  CRIMINAL APPEAL (DB) No.846 of 2024
                    Arising Out of PS. Case No.-67 Year-2018 Thana- CHHABILAPUR District- Nalanda
                 ======================================================
                 Anita Sinha, Daughter Of Late Upendra Kumar @ Sanjay, Resident Of
                 Village - Kanchanpur, P.S. - Chhabilapur, District - Nalanda

                                                                                 ... ... Appellant/s
                                                      Versus
           1.    The State Of Bihar
           2.    Sarita Devi @ Mansa Mai, Wife Of Late Durga Prasad, Resident Of Village
                 - Badhauna, P.S. - Chhabilapur, District - Nalanda
           3.    Manish Mistry, Son Of Pradeep Mistry, Resident Of Village - Kanchanpur,
                 P.S. - Chhabilapur, District - Nalanda

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Appellant/s     :       Mr. Binit Kumar, Advocate
                                                 Mr.Raj Kishor Prasad, Advocate
                 For the State           :       Mr.Bal Mukund Prasad Sinha, Addl.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD
                         and
                         HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
                                       ORAL ORDER

                 (Per: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD)

5   30-03-2026                   Heard learned counsel for the appellant and learned

                   Additional Public Prosecutor for the State.

                                 2. After some arguments, learned counsel for the

                   appellant himself admits that in this case there is neither any eye

                   witness nor any witness connecting the chain of circumstances.

                                 3. We fail to understand as to why, in such

                   circumstance, an appeal under Proviso to Section 372 Cr.P.C.

                   has been preferred. We are of the view that the appeal is

                   required to be dismissed with cost but at this stage, learned
           Patna High Court CR. APP (DB) No.846 of 2024(5) dt.30-03-2026
                                                       2/2




                     counsel for the appellant submits that he may be allowed to

                     withdraw the appeal unconditionally.

                                  4. Learned Additional Public Prosecutor for the State

                     has no objection to the same.

                                  5. In the circumstances, the appeal is dismissed as

                     withdrawn.



                                                    (Rajeev Ranjan Prasad, J)


                                                    (Soni Shrivastava, J)
arvind/-

U


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