Patna High Court

Ritesh KumarversusThe State of Bihar

Decided: 28 January 2026
Disposal: DISMISS FOR NON-PROSECUTION
Bench: CHANDRA SHEKHAR JHA

Holding

The petition is dismissed for want of prosecution as the petitioner failed to appear.

Summary

Ritesh Kumar filed a criminal miscellaneous petition against the State of Bihar and Pooja Kumari. The High Court directed the petitioner to appear, but he failed to do so despite a specific order dated 15.01.2026. The opposite party, Pooja Kumari, appeared in person with counsel. The court observed that the petitioner had lost interest in prosecuting the case. Consequently, the petition was dismissed for want of prosecution.

Issues considered

Whether the petition can continue when the petitioner fails to appear as directed by the court?

Subjects

Criminal Procedure Code
Prosecution
Petition dismissed
Non-appearance
High Court
Want of prosecution

Judgment

                          IN THE HIGH COURT OF JUDICATURE AT PATNA
                                  CRIMINAL MISCELLANEOUS No.34395 of 2025
                         Arising Out of PS. Case No.-3688 Year-2022 Thana- VAISALI COMPLAINT CASE
                                                         District- Vaishali
                     ======================================================
                     Ritesh Kumar, S/o Uttam Prasad @ Uttam Mahto, R/o Hajari Mophalla, Noon
                     Ka Chauraha, Patna City, P.S.- Khajekalan, District- Patna
                                                                                ... ... Petitioner
                                                        Versus
                1.    The State of Bihar
                2.    Pooja Kumari, W/o Ritesh Kumar, D/o Late Satya Narayhan Singh, R/o
                      Bharatpur, P.S.- Mahua, District- Vaishali
                                                                     ... ... Opposite Parties
                     ======================================================
                     Appearance :
                     For the Petitioner/s     :     None
                     For the Opposite Party/s :     Mr. Rajendra Singh, APP
                     ======================================================
                     CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
                                           ORAL ORDER

7    28-01-2026                      Upon repeated calls, none appeared on behalf of

                       petitioner. The petitioner also failed to appear in person

                       despite of direction of this Court in terms of order dated

                       15.01.2026.

                                    2. Opposite party No.2 appeared in person with her

                       counsel.

                                    3. Considering the aforesaid, it appears that the

                       petitioner has lost his interest in prosecution, accordingly, the

                       present petition stands dismissed in want of prosecution.


                                                           (Chandra Shekhar Jha, J.)
    Sanjeet/-
U       T

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