Patna High Court
Chandan Kumar @ ChandanversusThe State of Bihar
- Decided
- Disposal
- DISMISS FOR NON-PROSECUTION
- Bench
- RAJIV ROY
Holding
The petition is dismissed for non‑prosecution.
Summary
The petitioner, Chandan Kumar, filed a criminal miscellaneous petition seeking interim protection against the State of Bihar and his wife, Soni Kumari. An interim protection order was granted on 31 July 2025. On 19 March 2026 the Court observed the petitioner's attitude and was inclined to reject the petition, but adjourned the matter at the request of counsel who wanted to continue the "marital journey". On 10 April 2026 no petitioner appeared before the Court, leading the Judge to dismiss the petition for non‑prosecution and to vacate the interim protection. The dismissal underscores that a petition cannot proceed without the petitioner’s presence or active prosecution.
Subjects
- criminal miscellaneous
- non‑prosecution
- interim protection
- petition dismissed
- vacated order
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.47410 of 2025
Arising Out of PS. Case No.-48 Year-2023 Thana- MAHILA P.S. District- Samastipur
======================================================
Chandan Kumar @ Chandan Son of Upendra Sharma Village- Navavganj,
Ward No. 11, Police Station- Chakmehsi, District- Samastipur
... ... Petitioner/s
Versus
1. The State of Bihar
2. Soni Kumari wife of Chandan Kumar @ Chandan Village- Navavganj, Ward
No. 11, Police Station- Chakmehsi, District- Samastipur At P/A- Daughter of
Shashi Ranjan Mishra, Village- Punas, Ward no. 09, Ps- karpurigram, Dist-
Samastipur
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : None
For the State : Mr. Mukesh Kumar Singh, APP
For the O.P. 2 : Mr. Abhay Kumar, Adv.
Mr. Abhishek Mani, Adv.
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
5 10-04-2026 No one appears on behalf of the petitioner though the
State as also the informant, Mr. Abhay Kumar is present.
2. The order no. 4 dated 19.03.2026 in paragraph 4,
the miracle journey be read as marital journey.
3. The order dated 19.03.2026 shows that considering
the attitude of the petitioner, the Court wanted to reject the
petition but on the instruction taken by the learned counsel for
the petitioner that he wants to continue his marital journey, it
was adjourned. Today, on call, there is no appearance.
4. Accordingly, the Cr. Misc. No. 47410 of 2025 is
dismissed for non-prosecution.
Patna High Court CR. MISC. No.47410 of 2025(5) dt.10-04-2026
2/2
5. The interim protection granted to the petitioner on
31.07.2025 stands vacated.
(Rajiv Roy, J)
Vijay Singh/-
U
Checking your session…