Indu Devi And ANR. v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No. 965 of 2016 Arising out of Criminal Miscellaneous No. 46912 of 2015 Arising Out of PS.Case No. 17- Year- 2015 Thana -Jalalgarh District- PURNEA ===========================================================

1. Indu Devi wife of Narayan Mandal.

2. Narayan Mandal, Son of Late Kameshwar Mandal. Both resident of villageHansi, P.S.- Jalalgarh, District- Purnea. .... .... Petitioner/s

Versus

The State of Bihar .... .... Opposite Party/s =========================================================== Appearance :

For the Petitioner/s :

Mr. Bijendra Kumar Singh, Advocate.

For the Opposite Party/s :

Mr. Md. Arif, A.P.P.

=========================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT Date: 13-01-2016 Heard learned counsel for the parties.

The present application has been filed seeking recall of order dated 16.10.2015 passed in Cr. Misc. No. 46912 of 2015, which was dismissed for non prosecution. Learned counsel for the petitioners submits that on the said date, due to illness, he could not appear and had requested his colleague to take adjournment but he also could not appear before the Court leading to the order of dismissal. Learned A.P.P. does not oppose.

Considering the facts and circumstances of the case and submissions of learned counsel for the parties, the order dated 16.10.2015 passed in Cr. Misc. No. 46912 of 2015 stands recalled.

The case stands restored to its original file and

Patna High Court Cr.Misc. No.965 of 2016 dt.13-01-2016 2/2 number.

The application stands disposed off in the aforementioned terms.

(Ahsanuddin Amanullah, J.) P. Kumar U T