Rajesh Kumar Choudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.4234 of 2025 In CRIMINAL APPEAL (SJ) No.4522 of 2024 Arising Out of PS. Case No.-30 Year-2024 Thana- SC/ST District- Madhubani ====================================================== Rajesh Kumar Choudhary S/O Mr. Ram Sarowar Choudhary Resident of village- Navkarhi PO- Nawkarhi, PS- Arer, District- Madhubani ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Baby Kumari D/O Mr. Prabhu Paswan Resident of village- Saurath, PSRahika, District- Madhubani ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Ms. Vaishnavi Singh, Advocate For the Opposite Party/s :

Mr. Tarun Prasad Mandal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 24-01-2025 Heard learned counsel for the petitioner and learned Additional Public Prosecutor, representing the State. 2.

The present application has been filed for restoration of Cr. Appeal (SJ). No. 4522 of 2024 in which peremptory order dated 21-11-2024, was passed by this Court for issuance of notice upon the Opposite Party No.2 but, due to non-compliance of the same within the prescribed time as fixed by this Court, the same stood rejected.

3.

Learned counsel for the petitioner submits that due to mistake on the part of the Advocate Clerk, the requisite for notice upon the Opposite Party No.2 could not be filed within

Patna High Court CR. MISC. No.4234 of 2025(2) dt.24-01-2025 2/2 time as prescribed by this Court and, therefore, Cr. Appeal (SJ). No. 4522 of 2024 got rejected for non-compliance of the aforesaid order dated 21-11-2024.

4.

For the reasons stated in this application, the prayer made therein is allowed and, as a result, the Cr. Appeal (SJ). No. 4522 of 2024 is restored to its original file. 5.

The petition stands allowed.

(Rudra Prakash Mishra, J) Raj Kishore/- U T