Patna High Court

SUNITA RAI @ SUNITA DEVIversusTHE STATE OF BIHAR

Decided: 24 June 2025
Disposal: DISMISS FOR NON-PROSECUTION
Bench: PRABHAT KUMAR SINGH RAJESH KUMAR VERMA

Holding

The appeal is dismissed for default due to the appellants' non‑appearance and failure to prosecute.

Summary

The appellants Sunita Rai, Seopujan Rai and Pankaj Rai filed Criminal Appeal (SJ) No.4679 of 2023 arising from a 2022 case in Madhubani. No counsel appeared on behalf of the appellants on two consecutive dates, 06.05.2025 and 24.06.2025, while the Special Public Prosecutor represented the State. The Court observed that the appellants had failed to prosecute the appeal. Consequently, the Court dismissed the appeal for default due to non‑prosecution. The order was pronounced by Justice Rajesh Kumar Verma.

Issues considered

Whether the appeal can be entertained despite the appellants' failure to appear and prosecute the case?

Subjects

criminal appeal
default judgment
non‑appearance
procedural default
appeal dismissal

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                    CRIMINAL APPEAL (SJ) No.4679 of 2023
                        Arising Out of PS. Case No.-44 Year-2022 Thana- SC/ST District- Madhubani
                  ======================================================
             1.    Sunita Rai @ Sunita Devi Wife Of Seopujan Rai R/O Village- Lohna East,
                   Ward No. 11, P.S.- Bhairav Asthan, Dist.- Madhubani (Bihar)
             2.   Seopujan Rai Son Of Late Anand Rai R/O Village- Lohna East, Ward No.
                  11, P.S.- Bhairav Asthan, Dist.- Madhubani (Bihar)
             3.   Pankaj Rai Son Of Seopujan Rai R/O Village- Lohna East, Ward No. 11,
                  P.S.- Bhairav Asthan, Dist.- Madhubani (Bihar)
                                                                      ... ... Appellant/s
                                                    Versus
             1.   The State Of Bihar
             2.    Chandra Kala Devi Wife Of Late Mahendra Safi R/O Village- Lohana Purbi,
                   Ward No. 11, P.S.- Bhairave Asthan, Dist.- Madhubani
                                                                        ... ... Respondent/s
                  ======================================================
                  Appearance :
                  For the Appellant/s     :        None.
                  For the Respondent/s    :        Mr. Sadanand Paswan, Spl.P.P.
                  ======================================================
                  CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                        ORAL ORDER

5    24-06-2025                    No one appeared on behalf of the appellants, however,

                    learned Special Public Prosecutor for the State is present.

                                  2. On the last occasion i.e. on 06.05.2025 when the matter

                    was taken up, no one appeared on behalf of the appellants and today

                    also when the matter was taken up, no one appeared on behalf of the

                    appellants.

                                  3. The present appeal stands dismissed for default for non-

                    prosecution.



                                          (Rajesh Kumar Verma, J)
Jyoti Kumari/-
U       T

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