Pramod Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.20048 of 2020 In CRIMINAL MISCELLANEOUS No.85546 of 2019 Arising Out of PS. Case No.-910 Year-2018 Thana- MADHUBANI COMPLAINT CASE District- Madhubani ====================================================== Pramod Mahto, aged about 26 years (Male) Son of Prakash Mahto Resident of Village - Kansi Simri, Pasi Tola, P.S.- Simri, District - Darbhanga ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Pinki Devi Wife of Pramod Mahto Daughter of Dinesh Mahto, Resident of Village - Shila Nath Barhi, P.S.- Jay Nagar, District - Madhubani ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Vinay Kumar Mishra For the Opposite Party/s :

Mr. M.K. Nirala, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 08-07-2020 Heard learned counsel for the parties.

In the present case, the petitioner is making a prayer for restoration of Cr. Misc. No. 85546 of 2019 which stood dismissed for default for non-compliance of the order dated 11.2.2020.

This Court finds that this Court, vide order dated 11.2.2020, had directed the petitioner to take steps for service of notice upon the opposite party no.2 within a period of two weeks but, he has taken steps on 26.2.2020 in stead of 25.2.2020 and, thus, there is a delay of one day due to the illness of the advocate clerk.

Patna High Court CR. MISC. No.20048 of 2020(2) dt.08-07-2020 2/2 For the reasons mentioned in this restoration application, the prayer made there is allowed and, as a result, the Cr. Misc. No. 85546 of 2019 is restored to its original file. Accordingly, the office is directed to take steps for service of notice upon the opposite party no.2. (Shivaji Pandey, J) rishi/- U T