Patna High Court

Rinki KumariversusState Of Bihar and Anr

Decided: 13 March 2026
Disposal: DISMISS FOR NON-PROSECUTION
Bench: SANDEEP KUMAR

Holding

An application filed by a petitioner who does not appear or prosecute is dismissed.

Summary

The petitioner, Rinki Kumari, filed an application in the Patna High Court against the State of Bihar and Biru Kumar. No counsel appeared on behalf of the petitioner, while the State was represented by counsel Sri Ramchandra Sahani. The court noted the absence of the petitioner’s representation and considered the application to be unprosecuted. Consequently, the judge dismissed the application on the ground of non‑prosecution. The order was pronounced by Justice Sandeep Kumar on 13‑03‑2026.

Issues considered

Whether an application can be entertained and decided when the petitioner fails to appear or prosecute the case?

Subjects

criminal procedure
non‑prosecution
application dismissal
petitioner's default

Judgment

                       IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.73578 of 2018
                  Arising Out of PS. Case No.-158 Year-2014 Thana- AURANGABAD COMPLAINT CASE
                                                   District- Aurangabad
                  ======================================================
                  Rinki Kumari Wife of Biru Kumar, Daughter of Arbind Ram @ Sablayak
                  Ram, Resident of Village- Tengara, P.O.- Tengara, P.S.- Barun District-
                  Aurangabad, Bihar.

                                                                           ... ... Petitioner/s
                                                    Versus
            1.    State Of Bihar
            2.    Biru Kumar, Son of Buchun Ram, constable in Jharkhand Police, Resident
                  of Village- Sekhdiha, P.O.- Satbahini, P.S.- Pandu District- Palamu.

                                                         ... ... Opposite Party/s
                  ======================================================
                  Appearance :
                  For the Petitioner/s     :   None
                  For the Opposite Party/s :   Mr.Sri Ramchandra Sahani
                  ======================================================
                  CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                        ORAL ORDER

3    13-03-2026                    None appears for the petitioner. Learned counsel for

                    the State is present.

                                  2. Accordingly, this application is dismissed for non-

                    prosecution.



                                                         (Sandeep Kumar, J)
Vikas/-

U

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