IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL REVISION No.890 of 2025 Arising Out of PS. Case No.-126 Year-1999 Thana- KOTWALI District- Patna ======================================================

Shahnaz Yunus W/o Late Yasub Yunus @ Md. Yasub Yunus, Resident of Yunus Campus, S.P. Verma Road, PS- Kotwali, Distt.- Patna.

... ... Petitioner Versus

1. The State of Bihar.

2. Yasmin Bano W/o Late Mr. Md. Yusuf Yunus R/o Yunus Campus, S.P.

Verma Road, P.S.- Kotwali, Distt.- Patna.

3. Md. Waqar Yunus S/o Late Mr. Md. Yusuf Yunus R/o Yunus Campus, S.P.

Verma Road, P.S.- Kotwali, Distt.- Patna.

4. Md. Anzar @ Md. Anzar Imam S/o Late Zafar Imam R/o road no. 8, near stepping stone school, Mohalla - Alinagar, P.S.- Phulwarisharif, Distt.- Patna, Presently residing at Yunus Campus, S.P. verma Road, P.S.- Kotwali, Distt.- Patna.

... ... Respondents ======================================================

Appearance :

For the Petitioner : Mr. S.M. Asharaf, Sr. Advocate Mr. Abu Bakar, Advocate For the State : Mr. Binod Kumar, APP For the O.P. No. 4 : Mr. Ajay Kumar Sinha, Advocate Mr. Vishwajeet Kumar, Advocate ======================================================

CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA

ORAL JUDGMENT

Date : 16-02-2026 Heard learned counsel for the parties.

2. The instant revision petition has been filed against the order dated 17.07.2025 passed by the learned Additional Sessions Judge-VIII, Patna, in Criminal Appeal No. 164 of 2021 (CIS No. 164 of 2021), arising out of judgment and order dated 05.03.2021 in Trial No. 806 of 2021 passed by the learned Additional Chief Judicial Magistrate-XIII, Patna, in connection with Kotwali P.S. Case No. 126 of 1999, whereby and whereunder the learned Appellate Court rejected the application dated 18.06.2025 filed under Section 391 of the Code of Criminal Procedure (for brevity, “Cr.P.C.”). 3. Brief facts of the case are that the petitioner is informant / victim of Kotwali P.S. Case No. 126 of 1999, which has been registered with allegation against opposite party nos. 2 to 4, as the accused persons attacked the informant and her son and the assailants also snatched gold chain of the informant weighing two bhars. Chargesheet was submitted on 31.05.1999. However, cognizance was taken under Section 504 of the Indian Penal Code, though FIR was lodged under Sections 452, 324, 323, 504 and 379 of the Indian Penal Code. On 30.03.2001, charges were framed under Section 504 of the Indian Penal Code and summons to private witnesses were issued. Four private witnesses turned hostile. It also appears that trial remained pending from 25.08.2005 till 07.01.2015 stated to be due to continuous non-appearance of one of the co-accused person, namely Yusuf Yunus. The death report of the accused was submitted on 07.01.2015 and thereafter, the matter was again posted for prosecution evidence. The learned trial Court closed the prosecution evidence on 19.03.2015 and on the same day, the prosecution filed an application under Section 311 of the Cr.P.C. for summoning and examining three key witnesses.

The application was allowed on 30.04.2015 and the witnesses named in the application were examined between 16.05.2015 and 10.09.2015. Learned trial Court thereafter issued order for summoning of official witnesses on 28.09.2015, but the actual summons were issued much later, on 05.01.2016. No service report was received regarding summons. It appears that the learned trial Court, thereafter, closed the prosecution evidence on 06.04.2016. The petitioner highlighted the approach of the learned trial Court by filing another application dated 27.04.2016 under Section 311 of the Cr.P.C., pointing out that the summons to Medical Officer (for brevity, “MO”) failed because they were sent to his old address at P.M.C.H., Patna while he has been transferred to A.N.M.M.C.H., Gaya. However, the learned trial Court rejected the application on 18.05.2016. Against the said order, the petitioner preferred a Criminal Revision No. 348 of 2