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Patna High Court

AMRITA KUMARIversusThe State of Bihar

Decided
Disposal
DISMISS FOR NON-PROSECUTION

Holding

The application is dismissed for non‑prosecution due to the petitioner's failure to appear.

Summary

The petitioner, Amrita Kumari, filed an application in a criminal miscellaneous proceeding against the State of Bihar and Anil Kumar. No counsel appeared on behalf of the petitioner on the scheduled dates of 04-12-2025 and 22-01-2026. The matter was listed in the interest of justice, but the petitioner failed to appear despite being called. The court observed that the petitioner had lost interest in pursuing the case. Consequently, the application was dismissed on the ground of non‑prosecution.

Issues considered

  • Whether the petitioner's failure to appear warrants dismissal of the application for non‑prosecution

Subjects

  • non-prosecution
  • failure to appear
  • criminal miscellaneous proceeding
  • court dismissal

Judgment

                       IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.36477 of 2022
                        Arising Out of PS. Case No.-225 Year-2021 Thana- KHAGAUL District- Patna
                  ======================================================
                  Amrita Kumari Wife Of Banti Kumar Yadav Resident Of Mohalla -
                  Aryanagar, P.O. And P.S.- Khagaul, District - Patna.
                                                                       ... ... Petitioner/s
                                                     Versus
             1.    The State of Bihar
             2.    Anil Kumar @ Anil Kumar Yadav Son of Kedar Yadav Resident of Mohalla
                   - Aryanagar, P.O. and P.S.- Khagaul, District - Patna, At present Resident of
                   Mohalla - Officer's Colony, P.O. and P.S.- Khagaul, District - Patna.
                                                                          ... ... Opposite Party/s
                  ======================================================
                  Appearance :
                  For the Petitioner/s     :       None
                  For the Opposite Party/s :       Mr. Pranav Kumar
                  ======================================================
                  CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
                                        ORAL ORDER

4    29-01-2026                  Nobody had appeared on behalf of the petitioner on

                    04.12.2025 and also on 22.01.2026 and the matter was listed in

                    the interest of justice but even today on call, no one appears to

                    press the present application.

                                 2. In such view of the matter, the petitioner having

                    lost his interest in the case, the present application is dismissed

                    for non-prosecution.



                                               (Soni Shrivastava, J)
devendra/-

U      T


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