Diwakar Kumar, v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.26894 of 2019 In CRIMINAL MISCELLANEOUS No.60031 of 2018 Arising Out of PS. Case No.-673 Year-2017 Thana- BUXAR District- Buxar ====================================================== 1.

Diwakar Kumar, male, aged about 35 years, Son of Shri Krishna Murari Prasad, Resident of Sindhua Toli, Gulzarbagh, P.S.- Alamganj, DistrictPatna. 2.

Naina Sarsij, female, aged about 25 years, daughter of Shri Tushar Kant Sarsij, Resident of East Gandhi Maidan, P.O. + P.S.- Jehanabad, DistrictJehanabad. 3.

Rameshwar Ram, Male, aged about 53 years, Son of Shri Samaji Ram, Resident of Naya Pita Tola, P.O. + P.S.- Nawada, District- Bhojpur. ... ... Petitioners

Versus

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

For the Petitioner/s :

Mr.Abhinav Srivastava, Adv.

For the Opposite Party/s :

Mr.Nityanand, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 24-04-2019 Heard Sri Abhinav Srivastava, learned counsel for the petitioner and Sri Nityanand, learned Addl. Public Prosecutor. The present petition has been filed with a prayer to restore Cr. Misc. No. 60031 of 2018, which stood dismissed on 05-03-2019 due to non-prosecution.

After hearing learned counsel for the parties and considering the fact disclosed in the petition, particularly statement made in paragraph nos. 3 and 4 of the petition, the Court is of the opinion that it is a fit case for allowing the restoration petition.

Patna High Court CR. MISC. No.26894 of 2019(2) dt.24-04-2019 2/2 Accordingly, the restoration petition is allowed. Let Cr. Misc. No. 60031 of 2018 be restored to its original file.

(Rakesh Kumar, J.) nawalkrs/- U T