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Patna High Court

RAJANI KUMARI @ RAJNI KUMARIversusThe State of Bihar

Decided
Disposal
DISMISS FOR NON-PROSECUTION

Holding

The petition is dismissed for non‑prosecution and default.

Summary

Petitioner Rajani Kumari filed Criminal Revision No.708 of 2021 challenging a lower court order. The court gave her two chances to rectify procedural defects identified by the office, but she failed to do so and did not appear before the bench. The State of Bihar was represented by Advocate Mr. Upendra Kumar. Relying on the petitioner’s non‑appearance and failure to cure the defects, the court held that the petition could not proceed. Consequently, the petition was dismissed for non‑prosecution and default.

Issues considered

  • Whether the criminal revision petition should be dismissed for non‑prosecution and default due to the petitioner’s failure to remove procedural defects and non‑appearance before the court?

Subjects

  • Criminal Revision
  • Default
  • Non‑prosecution
  • Petition Dismissal

Judgment

                         IN THE HIGH COURT OF JUDICATURE AT PATNA
                                           CRIMINAL REVISION No.708 of 2021
                                  Arising Out of PS. Case No.- Year-0 Thana- District- Begusarai
                    ======================================================
                    Rajani Kumari @ Rajni Kumari Wife Of Sourabh Kumar Daughter Of
                    Ramesh Poddar, Resident Of Village - Siuri, P.S.- Cheriya Bariyarpur, District
                    - Begusarai.

                                                                                          ... ... Petitioner/s
                                                             Versus

               1.   The State of Bihar
               2.   Kumar Bibhanand Son of Late Parmanand Resident of Bhoothnath Road,
                    Behind SBI ATM 3 RCB, Bahadurpur Housing Colony, Sampatchak, P.S.-
                    Agamkuan, District - Patna.

                                                              ... ... Respondent/s
                    ======================================================
                    Appearance :
                    For the Petitioner/s      :        None
                    For the State             :        Mr. Upendra Kumar, APP
                    ======================================================
                    CORAM: HONOURABLE MR. JUSTICE JITENDRA KUMAR
                                          ORAL ORDER

4    08-01-2026                     Despite two opportunities granted to the petitioner to

                      remove the defect(s) as pointed out by the office, the petitioner

                      has not removed the same, nor is he present in the Court to

                      attend the matter.

                                    2. Hence, the present petition is dismissed for non-

                      prosecution as well as default.



                                                                 (Jitendra Kumar, J)
shoaib/-

U          T


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