Chandrika Patel v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.23162 of 2019 In CRIMINAL MISCELLANEOUS No.50559 of 2018 Arising Out of PS. Case No.-36 Year-2018 Thana- RIGA District- Sitamarhi ====================================================== 1.

Chandrika Patel Son of Late Gorakh Patel 2.

Kiran Devi W/o Chandrika Patel Resident of Village - Bhabdebpur, P.S.- Riga, Distt.- Sitamari ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Dhananjaya Nath Tiwari, Advocate For the Opposite Party/s :

Mr.Nand Kishore Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 24-04-2019 Cr. Misc. No.50559 of 2018 was dismissed for non-prosecution on 13.12.2018.

The present application is for setting aside the dismissal order and restoration of the same. The reason for non-appearance is mentioned at para-3 of the petition wherein it has been mentioned that the cause-list was not marked.

Considering the substance in the submission of the learned counsel for the petitioner, let Cr. Misc. No.50559 of 2018 be restored to its original file subject to the condition that petitioners shall deposit Rs.500/- (Five

Patna High Court CR. MISC. No.23162 of 2019(2) dt.24-04-2019 2/2 hundred) in the Victim Compensation Fund.

Accordingly, the application stands allowed.

(Birendra Kumar, J) Mkr./- U