Patna High Court

Ramlakhan Singh and OrsversusState Of Bihar and Anr

Decided: 30 March 2026
Disposal: DISMISS FOR NON-PROSECUTION
Bench: SUNIL DUTTA MISHRA

Holding

The court dismissed the criminal miscellaneous application for default as the petitioners failed to appear or prosecute the matter.

Summary

The petitioners filed a criminal miscellaneous application in the Patna High Court but failed to appear before the court on multiple occasions. The State, represented by an Additional Public Prosecutor, was the only party present. The court noted that the petitioners showed no interest in pursuing the matter, which originated in 2018, and that the case had been adjourned previously due to their absence. Consequently, the court dismissed the application for default owing to non‑prosecution. The order was pronounced by Justice Sunil Dutta Mishra.

Issues considered

Whether the criminal miscellaneous application should be dismissed for default due to the petitioners' failure to appear and prosecute the matter

Subjects

Criminal Procedure Code
Default judgment
Adjournment
Non‑prosecution
Petitioner non‑appearance

Judgment

                       IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.30958 of 2018
                  Arising Out of PS. Case No.-5217 Year-2017 Thana- PATNA COMPLAINT CASE District-
                                                           Patna
                  ======================================================
            1.     Ramlakhan Singh Son of Devdhari Singh
            2.    Seema Singh Wife of Ramlakhan Singh Both are residents of village -
                  Dabilgarh, P.S. - Jamui, District - Jamui, at present resident of A - 9, L.I.G.
                  Ashiyana Nagar, Phase - 2, P.S. - Rajiv Nagar, District - Patna.
            3.    Smita Gyan Wife of Piyush Kumar
            4.    Piyush Kumar Son of Shiv Kumar Both are residents of Daaliya - 1704,
                  Salarpuria Sattva Senorita Apartment, Sarajpur Road, P.S. - Bellandur,
                  District - Bangalore - 560036.
                                                                        ... ... Petitioner/s
                                                  Versus
            1.    The State of Bihar.
            2.     Jyotsana Gyan Wife of Prashant Gyan, Daughter of Anil Kumar Singh
                   Resident of at present Koiel Niwas, Opposite of Jalan Shop, Main Road
                   Kankarbagh, P.S. - Kankarbagh, District - Patna.
                                                                      ... ... Opposite Party/s
                  ======================================================
                  Appearance :
                  For the Petitioner/s     :       None
                  For the Opposite Party/s :       Mr. Abhay Kumar Roy, A.P.P.
                  ======================================================
                  CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
                                        ORAL ORDER

6    30-03-2026                  No one is present on behalf of the petitioners, however,

                    learned A.P.P. for the State is 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/-
U       T

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