Patna High Court

Mausam KumariversusThe State of Bihar

Decided: 13 January 2026
Disposal: DISMISS FOR NON-PROSECUTION
Bench: SONI SHRIVASTAVA

Holding

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

Summary

Mausam Kumari filed an application in the Patna High Court arising from a criminal miscellaneous case. The petitioner failed to appear before the court on the scheduled dates of 08-12-2025 and 09-01-2026, despite repeated calls. Counsel for the State and the second opposite party were present, but no representative appeared for the petitioner. The court noted the petitioner’s non‑appearance and, in accordance with procedural rules, dismissed the application for non‑prosecution. The order was pronounced by Justice Smt. Soni Shrivastava.

Issues considered

Should the application be dismissed for non‑prosecution when the petitioner fails to appear before the court?

Subjects

non‑prosecution
dismissal
court procedure
petitioner's default

Judgment

                       IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.39546 of 2024
                     Arising Out of PS. Case No.-28 Year-2021 Thana- BEGUSARAI COMPLAINT CASE
                                                     District- Begusarai
                  ======================================================
                  Mausam Kumari Wife of Gendaui Paswan@ Gaurav Kumar D/O Prakash
                  Paswan       Resident    Of Village-Begampur,P.O-     Chhtauna,P.S.-
                  Nawkothi,District-Begusarai
                                                                    ... ... Petitioner/s
                                               Versus
             1.    The State of Bihar
             2.   Gendaui Paswan @ Gaurav Kumar S/O Chandradeo Paswan R/O Village-
                  Menka, P.S.-Muffasil(Lakho O.P) District-Begusarai.

                                                         ... ... Opposite Party/s
                  ======================================================
                  Appearance :
                  For the Petitioner/s   :      None
                  For the State          :      Mr. Ram Priya Sharan Singh
                  ======================================================
                  CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
                                        ORAL ORDER

5    13-01-2026                   It appears from the records that no one had appeared

                    on behalf of the petitioner on 08.12.2025 and also on

                    09.01.2026. Learned counsel for the opposite party no. 2 and

                    learned APP for the State are present.

                                  2. Today also on repeated calls, no one appears on

                    behalf of the petitioner to press the application.

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

                    dismissed for non-prosecution.



                                             (Soni Shrivastava, J)
devendra/-

U      T

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