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Patna High CourtCR. MISC./27728/2021allowed

Santosh Kumar v. The State Of Bihar

2021-07-07Mr. Justice Mohit Kumar Shah3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No. 27728 of 2021 ============================================= Santosh Kumar, Male, aged about-35 years, S/o Late Lallu Prasad, resident of village-Yadupatti Road, Nai Bazar, P.S. Nagar (Muzaffarpur), District-Muzaffarpur --------- Petitioner

Versus

1. The State of Bihar

2. Rekha Devi aged about 43 years, W/o Santosh Kumar, D/o Raj Kumar Prasad, village-Rampatti, P.S. Raj Nagar, DistrictMadhubani --------- Opposite Parties ============================================= Appearance:- For the Petitioner:- Ms. Kumari Sujata Sinha, Advocate For the State :- Mr. Dinesh Singh, APP ============================================= CORAM:HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER

2. 07.07.2021 The present petition has been taken up for consideration through the mode of Video conferencing in view of the prevailing situation on account of COVID 19 Pandemic, requiring social distancing.

Heard the learned counsel for the petitioner and Shri. Dinesh Singh, learned A.P.P. for the State. The present petition has been filed for restoration of the petition bearing Criminal Misc. No. 8824 of 2020 which has stood dismissed for default on account of non-compliance of the peremptory order dated 02.03.2020.

The learned counsel for the petitioner has submitted that on account of the prevailing situation due to COVID 19 Pandemic, the peremptory order dated 02.03.2020 could not be complied with, however, it is submitted that the order shall be complied with within a period of four weeks from today.

Having regard to the facts and circumstances of the case and considering the averments made in the present petition, I deem it fit and proper to restore the aforesaid Criminal Misc. No. 8824 of 2020 to its original file, subject to the petitioner complying the peremptory order dated 02.03.2020 within a period of eight weeks from today, for which

the registry is directed to facilitate filing of the processes, requisites etc. qua the petitioner herein.

The petition stands allowed on the aforesaid terms.

(Mohit Kumar Shah, J) S.Sb/-