Patna High Court

REKHA KUMARIversusThe State of Bihar

Decided: 8 January 2026
Disposal: DISMISS FOR NON-PROSECUTION
Bench: SONI SHRIVASTAVA

Holding

The application is dismissed for non-prosecution due to the continued absence of the petitioner.

Summary

This criminal miscellaneous application was filed by Rekha Kumari, arising out of PS Case No. 231 of 2022, Thana Thawe, District Gopalganj. The matter was listed before the High Court of Judicature at Patna. On 08.01.2026, when the case was taken up, no one appeared on behalf of the petitioner. The learned APP for the State and learned counsel for opposite party no.2 were present. The order sheet showed that on 08.12.2025 an adjournment was sought on behalf of the petitioner, and on 16.12.2025 no one appeared, so the matter was relisted for 06.01.2026. On the present date also, no one appeared for the petitioner, indicating that the petitioner had lost interest in pursuing the case. The Court accordingly dismissed the application for non-prosecution.

Issues considered

Whether the application is liable to be dismissed for non-prosecution when the petitioner repeatedly fails to appear.

Subjects

Criminal Miscellaneous
Non-prosecution
Dismissal
Absence of Petitioner
Patna High Court

Judgment

                       IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.25615 of 2024
                        Arising Out of PS. Case No.-231 Year-2022 Thana- THAWE District- Gopalganj
                  ======================================================
                  Rekha Kumari Duaghter Of Jitendra Ram R/O-Ramchandrapur, P.S.-Thawe,
                  Distt.-Gopalganj                                   ... ... Petitioner/s
                                                 Versus
            1.     The State of Bihar
            2.     Rahul Kumar @ Mantu Son Of Ram Narayan Ram R/O-Murgiya Tola
                   Basdila, P.S.-Gopalganj, Distt.-Gopalganj
                                                             ... ... Opposite Party/s
                  ======================================================
                  Appearance :
                  For the Petitioner/s     :        None
                  For the State             :       Mr. Syed Ehteshamuddin, APP
                  For the O.P. No.2        :        Mr. Sumit Shekhar Pandey, Advocate
                                           :        Mr. Masoom Raza, Advocate
                                           :        Mr. Mirza Ahraz Baig, Advocate
                  ======================================================
                  CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
                                        ORAL ORDER
5    08-01-2026                    No one appears on behalf of the petitioner. However,

                    learned APP for the State as well as learned counsel for the

                    opposite party no.2 are present.

                                  2. Order sheet of the case indicates that on

                    08.12.2025, a prayer for adjournment had been made on behalf

                    of the petitioner and subsequently, on the next date i.e.,

                    16.12.2025, no one was present to press the case however, in the

                    interest of justice, matter was to be listed again on 06.01.2026.

                    Today also no one appears on behalf of the petitioner and it

                    seems that the petitioner has lost interest in pursuing the case.

                                  3. In such view of the matter, this application is

                    dismissed for non-prosecution.


                                                     (Soni Shrivastava, J)
anand/-
U       T

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