Patna High CourtCR. MISC./47665/2014allowed

Smt. Bibha Singh And ORS v. State Of Bihar And ANR

2016-01-27Mr. Justice Birendra Prasad Verma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.47665 of 2014 In Criminal Miscellaneous No. 21939 of 2011 ======================================================

1. Smt. Bibha Singh w/o Shri Shambhu Sharan Singh

2. Miss Raj Saraswati @ Pucchu Maina

3. Miss Raj Priya @ Gudia

4. Abhimanyu Kumar Singh @ Abhimanyu Raj

5. Raja Kumar Singh @ Abhishek Raj

6. Shambhu Sharan Singh S/o Late Anirudha Pd. Singh, The petitioners Nos. 2 to 5 are daughters -sons of Shri Shambhu Sharan Singh and they are all at present residing at Rocky House (Opp. Shiv Mandir) Road No. 14 of Rajiv Nagar, Patna 800024. .... .... Petitioner/s

Versus

1. The State of Bihar.

2. Nand Kumari w/o Narendra Sharma, resident of Mohalla Rajiv Nagar, Road No. 24, Police Station Rajiv Nagar, District Patna. .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Viveka Nand Singh, Advocate For the Opp. Party No.2 : Mr. Sanjay Kumar Singh, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA ORAL ORDER 10-02-2016 The present Cr.Misc. application has been filed on behalf of the petitioners for restoration of Cr.Misc.No. 21939 of 2011, which stood dismissed on account of non-compliance of the Court's peremptory order dated 25.11.2013.

After having heard the learned counsel for the petitioners and the learned counsel appearing on behalf of the opposite party no.2 as also for the reasons disclosed in the present Cr. Misc. application, the prayer for restoration is allowed and Cr.Misc.No. 21939 of 2011 is directed to be restored to its original file.

Since opposite party no.2 has entered appearance in the present proceeding through her counsel by duly executed vakalatnama, therefore, no notice is required to be issued to her in

Patna High Court Cr.Misc. No.47665 of 2014 (6) dt.10-02-2016 2/2 the aforesaid Cr.Misc.No. 21939 of 2011 and the matter shall be decided on its own merits by the appropriate Bench. Now, Cr.Misc.No. 21939 of 2011 shall no longer be treated to be tied up or part-heard matter to this Bench and shall be listed before an appropriate Bench, as per roster, after obtaining necessary permission from Hon'ble the Acting Chief Justice. The present application stands finally disposed of with the observations and directions made above.

(Birendra Prasad Verma, J) Tahir/- U T