Patna High Court

Pinki Devi and OrsversusState Of Bihar and Anr

Decided: 31 March 2026
Disposal: DISMISS FOR NON-PROSECUTION
Bench: SUNIL DUTTA MISHRA

Holding

The criminal miscellaneous application is dismissed for default due to non-prosecution.

Summary

The petitioners, Pinki Devi, Rakesh Kumar and Neha Kumari, filed a criminal miscellaneous application against the State of Bihar and Chandani Devi. No counsel appeared on behalf of the petitioners on the scheduled hearing date of 31-03-2026, nor on previous dates, leading to repeated adjournments. The State's Additional Public Prosecutor and counsel for the second opposite party were present. The court observed that the petitioners showed no interest in pursuing the matter, which originated in 2018. Consequently, the court dismissed the criminal miscellaneous application for default due to non-prosecution.

Issues considered

What is the appropriate consequence when petitioners fail to appear and show no interest in pursuing a criminal miscellaneous application?

Subjects

criminal procedure
default judgment
non-prosecution
petition dismissed
court adjournment

Judgment

                        IN THE HIGH COURT OF JUDICATURE AT PATNA
                                CRIMINAL MISCELLANEOUS No.24229 of 2018
                     Arising Out of PS. Case No.-72 Year-2012 Thana- PATNA COMPLAINT CASE District-
                                                             Patna
                   ======================================================
             1.     Pinki Devi W/o Rakesh Mahto,
             2.    Rakesh Kumar @ Rakesh Mahto S/o Rajendra Mahto,
             3.    Neha Kumari D/o Rakesh Mahto, All R/o Vill.- Mirzapur, P.S.- Okari,
                   District- Jehanabad.
                                                                     ... ... Petitioner/s
                                              Versus
             1.    The State of Bihar.
             2.     Chandani Devi D/o Om Prakash Singh, R/o Vill.- Taregna Dih, P.S.-
                    Masaurhi, District- Patna.
                                                                 ... ... Opposite Party/s
                   ======================================================
                   Appearance :
                   For the Petitioner/s    :       None
                   For the State           :       Mr. Manoj Kumar, A.P.P.
                   For the O.P. No.2       :       Mr. Ujjawal Kumar Singh, Advocate.
                   ======================================================
                   CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
                                         ORAL ORDER

6     31-03-2026                   No one is present on behalf of the petitioners,

                     however, learned A.P.P. for the State and learned counsel for the

                     opposite party no.2 are present.

                                   2. On the previous dates also no one was present on

                     behalf of the petitioners and the case was adjourned.

                                   3. Since the petitioners have no interest to pursue this

                     matter which is of the year 2018, accordingly, the present Cr.

                     Misc. Application stands dismissed for default due to non-

                     prosecution.



                                               (Sunil Dutta Mishra, J)
Ritik/-

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