Patna High Court
Pramod Pathak @ Pappu Pathak @ Pramod Kr. Pathak and OrsversusState Of Bihar and Anr
- Decided
- Disposal
- DISPOSED
- Bench
- SANDEEP KUMAR
Holding
The High Court held that if the opposite party fails to appear within two months, the proceedings against the petitioners shall be closed.
Summary
The petitioners, Pramod Pathak and family, filed an application before the Patna High Court challenging an order dated 17‑04‑2018 of the Sub‑Divisional Magistrate, East, Muzaffarpur, which refused to discharge them under Section 245 of the Criminal Procedure Code. The petitioners contended that after receiving alimony, the second opposite party, Soni Devi, failed to appear in the lower court despite service of notice. The High Court examined whether the magistrate’s refusal to grant discharge was justified given the non‑appearance of the opposite party. It held that the non‑appearance could be a ground to close the proceedings if it persisted. Consequently, the Court directed the lower court to close the proceedings against the petitioners if the opposite party does not appear within two months of this order, and ordered the communication of the order to the Principal District and Sessions Judge, Muzaffarpur. The application was disposed with the said direction.
Issues considered
- Whether the Sub‑Divisional Magistrate erred in refusing to discharge the petitioners under Section 245 of the Cr.P.C.
- Whether the failure of the opposite party to appear despite service of notice warrants closure of the proceedings.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 245
Subjects
- Criminal Procedure
- Section 245
- discharge of accused
- non‑appearance of party
- alimony
- complaint case
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.47279 of 2018
Arising Out of PS. Case No.-1209 Year-2004 Thana- MUZFFARPUR COMPLAINT CASE
District- Muzaffarpur
======================================================
1. Pramod Pathak @ Pappu Pathak @ Pramod Kr. Pathak and Ors son of
Bhagya Narayan Pathak
2. Jaso Devi @ Jailas Devi wife of Bhagya Narayan Pathak
3. Bhagya Narayan Pathak son of Late Jagannath Pathak resident of Village-
Kharauna Dih, P.S.- Kudhni, District- Muzaffarpur.
... ... Petitioner/s
Versus
1. State Of Bihar
2. Soni Devi Wife of Pramod Pathak @ Pappu Pathak (now divorcee) and
daughter of Pawan Jha, resident of Kharkhar, P.S. Minapur, District-
Muzaffarpur.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Jitendra Narain Sinha
For the Opposite Party/s : Mr.Sri Binod Kumar 3
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
4 13-01-2026 Heard the parties.
2. This application has been filed on behalf of the
petitioners against the order dated 17.04.2018 passed in
Complaint Case No. 1209 of 2004 by which the learned Sub-
Divisional Magistrate, East, Muzaffarpur has refused to
discharge the petitioners in terms of Section 245 of the Cr.P.C.
3. From the statement made in this application on
behalf of the petitioners, it appears that after taking alimony, the
opposite party no. 02 is not appearing in the Court below despite
service of notice.
Patna High Court CR. MISC. No.47279 of 2018(4) dt.13-01-2026
2/2
4. In view of the above, this application is disposed of
with a direction to the Court below that if the opposite party no.
02 does not appear in the matter for the next two months after
communication of this order to the Court below then the
proceedings against the petitioners shall be closed.
5. Let a copy of this order be communicated to the
Principal District and Sessions Judge, Muzaffarpur through FAX
for its compliance.
(Sandeep Kumar, J)
Vikas/-
U
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