Birendra Sah v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.48644 of 2015 ====================================================== Birendra Sah, Son of Shambhu Sah, Resident of Village -Panchtaki Yadu, P.S.- Bairgania, District Sitamarhi.

.... .... Petitioner/s

Versus

1. The State of Bihar.

2. Samundari Devi@Shyam Sundari Devi,wife of Birendra Sah and daughter of Ganesh Sah, resident of Village Jamua Tole, Pakaria, P.S.- Bairgania, District- Sitamarhi.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Pushpendra Kumar Singh, Advocate For the Opposite Party/s : Mr. S.Ehteshamuddin(APP) ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 25-01-2016 Heard learned counsel for the petitioner and the learned counsel appearing on behalf of the State. The present restoration application has been filed on account of the fact that notices, which were required to be filed within a week, could not be filed within the stipulated time, though filed belatedly and as such, connected Cr.Misc. No.43659 of 2014 has been dismissed for default for noncompliance of the order dated 7.5.2015. Learned counsel for the petitioner submits that there was a mistake occasioned in the present matter as he came to know that actually the notices were to be filed within four weeks.

Patna High Court Cr.Misc. No.48644 of 2015 (2) dt.25-01-2016 2/2 In view of the fact that now the petitioner has already filed notices to be issued to Opposite Party No.2, let Cr.Misc. No.43659 of 2014 is restored to its original file. The restoration application stands disposed of. (Anjana Mishra, J) PNM U T