Anita Sinha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (DB) No.846 of 2024 Arising Out of PS. Case No.-67 Year-2018 Thana- CHHABILAPUR District- Nalanda ====================================================== Anita Sinha, Daughter Of Late Upendra Kumar @ Sanjay, Resident Of Village - Kanchanpur, P.S. - Chhabilapur, District - Nalanda ... ... Appellant/s

Versus

1.

The State Of Bihar 2.

Sarita Devi @ Mansa Mai, Wife Of Late Durga Prasad, Resident Of Village - Badhauna, P.S. - Chhabilapur, District - Nalanda 3.

Manish Mistry, Son Of Pradeep Mistry, Resident Of Village - Kanchanpur, P.S. - Chhabilapur, District - Nalanda ... ... Respondent/s ====================================================== Appearance :

For the Appellant/s :

Mr. Binit Kumar, Advocate Mr.Raj Kishor Prasad, Advocate For the State :

Mr.Bal Mukund Prasad Sinha, Addl.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD and HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA ORAL ORDER (Per: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD) 30-03-2026 Heard learned counsel for the appellant and learned Additional Public Prosecutor for the State.

2. After some arguments, learned counsel for the appellant himself admits that in this case there is neither any eye witness nor any witness connecting the chain of circumstances.

3. We fail to understand as to why, in such circumstance, an appeal under Proviso to Section 372 Cr.P.C. has been preferred. We are of the view that the appeal is required to be dismissed with cost but at this stage, learned

Patna High Court CR. APP (DB) No.846 of 2024(5) dt.30-03-2026 2/2 counsel for the appellant submits that he may be allowed to withdraw the appeal unconditionally.

4. Learned Additional Public Prosecutor for the State has no objection to the same.

5. In the circumstances, the appeal is dismissed as withdrawn.

(Rajeev Ranjan Prasad, J) (Soni Shrivastava, J) arvind/- U