Rita Kumari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.33914 of 2024 In CRIMINAL MISCELLANEOUS No.36650 of 2016 Arising Out of PS. Case No.-3411 Year-2015 Thana- VAISALI COMPLAINT CASE DistrictVaishali ====================================================== Rita Kumari Wife of Sri Vijay Kumar Singh Presently Posted As Branch Manager, State Bank of India, Sri Nagar Branch, P.S. - Srinagar, District - Siwan ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Smt. Lalita Singh Daughter Of Late Shyam Nandan Singh Resident Of Village - Dhanushi, East Tola, P.S. - Kartaha, District - Vaishali - (Complainant) ... ... Opposite Party/s ===================================================== Appearance :

For the Petitioner/s :

Mr. Santosh Kumar Singh, Advocate For the Opposite Party/s :

Mr. Rajiv Nayan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA KUMAR ORAL ORDER 07-05-2024 The present petition has been filed for restoring Cr. Misc. No. 36650 of 2016, which was dismissed for default on account of non-appearance of the Petitioner.

2. However, Ld. Counsel for the Petitioner submits that the failure of the Petitioner to appear was neither willful nor negligent but on account of unavoidable reasons.

3. Considering the submissions advanced by Ld. Counsel for the Petitioner, the present petition is allowed, restoring Cr. Misc. No. 36650 of 2016 to its original number. (Jitendra Kumar, J) chandan/- U T