Patna High Court

Divya Kumari @ Pushpita KumariversusThe State of Bihar

Decided: 21 April 2026
Disposal: WITHDRAWN
Bench: PRAVEEN KUMAR

Holding

The Court granted permission to withdraw the application and dismissed it as withdrawn.

Summary

The petitioners filed a criminal miscellaneous application before the Patna High Court. Their counsel, Mr. Jitendra Kumar, sought the Court’s permission to withdraw the application. The Court, after hearing the parties, granted the request and dismissed the application as withdrawn. It expressly clarified that no opinion was rendered on the merits of the underlying case. Consequently, the proceedings were terminated without any substantive adjudication.

Issues considered

Whether the Court may grant permission to withdraw a pending criminal miscellaneous application.

Subjects

withdrawal of application
procedural discretion
criminal miscellaneous proceedings
Patna High Court

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.73070 of 2024
                 Arising Out of PS. Case No.-211 Year-2024 Thana- ROHTAS COMPLAINT CASE District-
                                                         Rohtas
                 ======================================================
           1.     Divya Kumari @ Pushpita Kumari W/o- Deepak Kumar, D/o- Amirlal Gupta
                  Village- Katiknar, PS- Navanagar District- Buxar
           2.    Amirlal Gupta S/o- Late Dwarka Sah Village- Katiknar, PS- Navanagar
                 District- Buxar
           3.    Chandrakanti Kumari W/o- Amirlal Gupta Village- Katiknar, PS- Navanagar
                 District- Buxar
           4.    Shyam Kumar @ Shyam Jee S/o Amirlal Gupta R/o vill - Katihar, P.S. -
                 Navanagar , Distt. - Buxer, Bihar
           5.    Puja Kumari W/o Shyam Kumar R/o vill - Katihar, P.S. - Navanagar , Distt.
                 - Buxer, Bihar


                                                                               ... ... Petitioner/s
                                                     Versus

           1.    The State of Bihar
           2.    Deepak Kumar S/o- Nandji Prasad Gupta Village- Tenduni, PS- Bikramganj
                 District- Rohtas

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :     Mr. Jitendra Kumar,Advocate
                 For the Opposite Party/s :     Mr. Ram Sumiran Rai, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRAVEEN KUMAR
                                       ORAL ORDER

2   21-04-2026                    Heard the parties.

                                2. At the very outset, Mr. Jitendra Kumar, learned

                   counsel for the petitioners seeks permission to withdraw this

                   application.

                                3. Permission is accorded.

                                4. Accordingly, the present application is dismissed as

                   withdrawn.
              Patna High Court CR. MISC. No.73070 of 2024(2) dt.21-04-2026
                                                          2/2




                                     5. It is clarified that this Court has not expressed any

                        opinion on the merits of the case.



                                                   (Praveen Kumar, J)
Jyoti/-

U         T

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