Patna High Court
Maimoon Nesha @ Maimum NeshaversusThe State of Bihar
- Decided
- Disposal
- WITHDRAWN
Holding
The appeal is dismissed as withdrawn, and the acquittal of the respondents stands.
Summary
Maimoon Nesha appealed against the acquittal of three accused (Pramod Prasad Srivastava, Dheeraj Kumar Srivastava and Ojaira Khatoon) in a criminal case arising from a 2009 incident. The trial court had found no sufficient evidence and acquitted the accused. The appellant argued that the victim's deposition (PW‑1) was not that of a reliable witness and that there was no other evidence to support a conviction. The State's Additional Public Prosecutor raised no objection to the appellant's request to withdraw the appeal. The Patna High Court, after hearing the parties, dismissed the appeal as withdrawn, thereby upholding the trial court's acquittal.
Issues considered
- Whether the appeal against the acquittal can be withdrawn unconditionally.
- Whether the victim's deposition constitutes sufficient evidence to overturn the acquittal.
Subjects
- criminal appeal
- acquittal
- withdrawal of appeal
- victim testimony
- insufficient evidence
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (DB) No.974 of 2024
Arising Out of PS. Case No.-68 Year-2009 Thana- CHHAURADANO District- East
Champaran
======================================================
Maimoon Nesha @ Maimum Nesha, wife of Late Shekh Sataar @ Late Shekh
Sattatar, Resident of Village- Duho Suho P.S.- Chhauradano, Dist- East
Champaran
... ... Appellant/s
Versus
1. The State of Bihar
2. Pramod Prasad Srivastava, son of Late Rajnarayan Prasad, Resident of
Village- Diho Suho Ps- Chhauradano Dist- East Champaran
3. Dheeraj Kumar Srivastava @ Lal Saheb, son of Jwala Prasad Srivastava,
Resident of Village- Diho Suho Ps- Chhauradano Dist- East Champaran
4. Ojaira Khatoon @ Khairoon Nesha, wife of Israil Mian, Resident of Village-
Diho Suho Ps- Chhauradano Dist- East Champaran
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr.Sunil Kumar No.III, Advocate
Mr. Raki Alam, Advocate
For the State : Mr.Bipin Kumar, 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)
12 30-03-2026 Heard learned counsel for the appellant and learned
Additional Public Prosecutor for the State.
2. This is an appeal against acquittal of the respondent
nos. 2 to 4 vide judgment dated 01.03.2024 (hereinafter referred
to as the ‘impugned judgment’) passed by the learned 1 st
Additional Sessions Judge, East Champaran, Motihari
(hereinafter referred to as the ‘trial court’) in S. Tr. Case No.898
of 2013 arising out of Chhauradano P.S. Case No.68 of 2009.
Patna High Court CR. APP (DB) No.974 of 2024(12) dt.30-03-2026
2/2
3. After having placed the deposition of the victim
(PW-1), learned counsel for the appellant submits that the
evidence of PW-1 may perhaps be not taken as an evidence of a
sterling witness. There is no other evidence on the record and
the reason for lodging of the present case against the respondent
nos.2 to 4 is also evident from paragraphs 39, 40, 41, 55, 69 and
70 of the deposition of PW-1. In his own submission, learned
counsel for the appellant, therefore, 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 kind of submissions made before this Court,
the appeal is dismissed as withdrawn.
(Rajeev Ranjan Prasad, J)
(Soni Shrivastava, J)
arvind/-
U
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