Patna High Court

KUMARI SARIKAversusThe 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 and pursue the matter.

Summary

The petitioner, Kumari Sarika, filed an application in a criminal miscellaneous proceeding arising from a 2015 case. The petitioner failed to appear before the court despite repeated notices on 02-12-2025 and 09-01-2026. The learned Assistant Public Prosecutor for the State was present, but no counsel represented the petitioner. The court observed that the petitioner appeared to have lost interest in the litigation. Consequently, the court dismissed the application on the ground of non‑prosecution, noting the petitioner’s failure to prosecute the case.

Issues considered

Whether the court can dismiss an application when the petitioner fails to appear and prosecute the case

Subjects

non-prosecution
petitioner's default
criminal miscellaneous proceeding
court procedure
dismissal

Judgment

                       IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.56408 of 2021
                        Arising Out of PS. Case No.-133 Year-2015 Thana- GRIYAK District- Nalanda
                  ======================================================
                  KUMARI SARIKA Wife of Gulsan Kumar, Daughter of Suresh Prasad
                  Resident of Village- Durgapur, P.S.- Giriyak, District- Nalanda.

                                                                                    ... ... Petitioner/s
                                                        Versus
            1.    The State of Bihar Bihar
            2.    Gulshan Kumar Son of Krishna Prasad Resident of Mohalla- Jhanjharigali,
                  Bandhan Ram, Bhandani Path, P.S.- Jhumari Tilaiya, District- Koderma
                  (Jharkhand).

                                                         ... ... Opposite Party/s
                  ======================================================
                  Appearance :
                  For the Petitioner/s     :       None
                  For the Opposite Party/s :       Mr. Ram Naresh Ray, APP
                  ======================================================
                  CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
                                        ORAL ORDER

4    13-01-2026                    In spite of repeated calls, none appeared on behalf of

                    the petitioner. On 02.12.2025 and 09.01.2026 also none had

                    appeared on behalf of the petitioner.

                                    2. Learned APP for the State is present before the

                    Court.

                                    3. It appears that the petitioner has lost his interest

                    in the case.

                                    4. Accordingly, this application is dismissed for

                    non- prosecution.



                                               (Soni Shrivastava, J)
anand/-
U       T

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