Patna High Court

RAJIV KUMAR ASTHANAversusTHE STATE OF BIHAR

Decided: 10 February 2026
Disposal: WITHDRAWN
Bench: SOURENDRA PANDEY

Holding

The application is disposed of, granting the petitioner liberty to withdraw it and approach the Family Court.

Summary

Petitioner Rajiv Kumar Asthana filed an application in the Patna High Court seeking relief against the State of Bihar and Shobha Mallik. The petitioner later expressed a desire to withdraw the present application and instead raise all his grievances before the Principal Judge of the Family Court in Darbhanga. The learned counsel for the petitioner submitted that the appropriate forum for the issues was the Family Court. The court considered the request and, without addressing any substantive merits, allowed the petitioner to withdraw the application. Consequently, the application was disposed of, granting the petitioner liberty to approach the Family Court for his grievances.

Issues considered

Whether the petitioner may be permitted to withdraw the present application and raise his grievances before the Family Court.

Subjects

withdrawal of application
jurisdiction
family court
procedural liberty
high court order

Judgment

                       IN THE HIGH COURT OF JUDICATURE AT PATNA
                            CRIMINAL MISCELLANEOUS No.55643 of 2024
                  ======================================================
                  Rajiv Kumar Asthana S/O Late Om Prakash Asthana R/O Village- Teacher's
                  Coloney, Mahammadpur, P.S- Pusa, Distt.- Samastipur.

                                                                                 ... ... Petitioner/s
                                                       Versus
            1.    The State of Bihar
            2.    Shobha @ Subhadra Mallik W/O Rajiv Kumar Asthana Teachers Colony,
                  Mahammadpur, D/O Sri Ram Kumar Mallik, R/O Village- Darina, P.S-
                  Keoti, Distt.- Darbhanga.

                                                         ... ... Opposite Party/s
                  ======================================================
                  Appearance :
                  For the Petitioner/s     :       Mr. Chandra Singh, Advocate
                  For the Opposite Party/s :       Mr. Umeshanand Pandit, APP
                  ======================================================
                  CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY
                                        ORAL ORDER

2    10-02-2026                     Heard the learned counsel for the parties.

                                 2. Learned counsel for the petitioner submits that he shall

                    be raising the grievances of the petitioner before an appropriate court

                    from which the impugned notice has been issued and thus, seeks

                    permission to withdraw the present application and raise all the

                    points which is available to him before the learned court of Principal

                    Judge, Family Court, Darbhanga.

                                 3. Accordingly, the present application stands disposed of

                    with the aforesaid liberty.



                                               (Sourendra Pandey, J)
aditya/-

U

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