Patna High Court
Punam DeviversusThe State of Bihar
- Decided
- Disposal
- WITHDRAWN
- Bench
- R P MISHRA
Holding
The Court may permit withdrawal of an application when it becomes infructuous due to the petitioner's arrest.
Summary
Petitioner Punam Devi filed an application before the Patna High Court. While the application was pending, she was arrested, prompting her counsel to seek the Court's permission to withdraw the application on the ground that it had become infructuous. The Court considered whether it could allow such a withdrawal. It held that the arrest rendered the application ineffective and therefore permission to withdraw could be granted. Consequently, the Court granted the request and dismissed the application as withdrawn.
Issues considered
- Whether the Court may permit withdrawal of an application when the petitioner is arrested, rendering the application infructuous
Subjects
- withdrawal of application
- arrest
- court procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.13786 of 2026
Arising Out of PS. Case No.-85 Year-2025 Thana- SHIVAJINAGAR District- Samastipur
======================================================
Punam Devi W/o Dahur Mandal Resident of Village- Ghiwahi, P.S.-
Shivajinagar, District- Samastipur (Bihar)
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Madhav Kumar, Advocate
For the Opposite Party/s : Mr.Ajay Kumar No. 2, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
2 25-02-2026 Learned counsel for the petitioner seeks permission
of this Court to withdraw this application as the petitioner has
been arrested during the pendency of the application and, as
such, the application has become infructuous.
2. Permission is accorded.
3. The application is dismissed as withdrawn.
(Rudra Prakash Mishra, J)
Pankaj/-
U T
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