Patna High Court

KISAN KUMARversusThe State of Bihar

Decided: 27 January 2026
Disposal: DISMISSED
Bench: JITENDRA KUMAR

Holding

The writ petition is dismissed as infructuous because the person whose liberty was the subject of the order has died.

Summary

Kisan Kumar filed a criminal writ petition in the Patna High Court seeking to quash an order dated 24-01-2020 passed by the Sub‑Divisional Judicial Magistrate, West Champaran, which directed that his wife, Soni Kumari, be handed over to her parents and allowed to live with him as per her will. While the writ was pending, Soni Kumari died. The Court held that the petition had become infructuous because the subject of the order was no longer alive, and therefore dismissed the writ application. No substantive examination of the merits of the original order was undertaken. The dismissal was on the ground of infructuity, not on any procedural defect. The petition was consequently dismissed.

Issues considered

Whether a criminal writ petition for quashing an order can be entertained when the person whose liberty is at stake has died?
Whether the death of the petitioner’s wife renders the writ petition infructuous and liable to dismissal?

Subjects

criminal writ
quash order
infructuous petition
death of party
High Court
order of Judicial Magistrate

Judgment

                        IN THE HIGH COURT OF JUDICATURE AT PATNA
                                 Criminal Writ Jurisdiction Case No.273 of 2021
                   Arising Out of PS. Case No.-402 Year-2019 Thana- CHANPATIA District- West Champaran
                   ======================================================
                   Kisan Kumar S/o- Pannalal Prasad Resident of Village - Maulaniya, Ward No.
                   09, P.S. Chanpatia (Sirisiya O.P.), District - West Champaran.
                                                                                 ... ... Petitioner/s
                                                        Versus
                   The State Of Bihar
                                                                              ... ... Respondent/s
                   ======================================================
                   Appearance :
                   For the Petitioner/s    :       Mr.Shantanu Kumar
                   For the Respondent/s    :       Mr.A.G.
                   ======================================================
                   CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                         ORAL ORDER

4     16-02-2023                 This criminal writ application has been filed for

                     quashing the order dated 24.01.2020 passed by learned Sub-

                     Divisional Judicial Magistrate, West Champaran at Bettiah

                     whereby and whereunder the learned court has been pleased to

                     order the wife of petitioner, namely, Soni Kumari to be handed

                     over to her parents under security of Sirisia OP Police Station

                     and set her free to live with the petitioner (her husband) as per

                     her will.

                                 During pendency of this writ application, the victim

                     girl Soni Kumari who was handed over to her parents on

                     24.01.2020, has already died.

                                 In that view of the matter, this writ application is

                     dismissed as having become infructuous.


                                           (Prabhat Kumar Singh, J)

vinita/-
U        T

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