Sachida Nand Kumar Sahani v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.35823 of 2021 In CRIMINAL MISCELLANEOUS No.251 of 2020 Arising Out of PS. Case No.-573 Year-2017 Thana- PATNA COMPLAINT CASE DistrictPatna ====================================================== SACHIDA NAND KUMAR SAHANI S/O CHHOTE LAL PRASAD Resident of Budh Vihar Colony Block- B, Bhagwat Nagar, Kumhrar, P.S.- Agamkuan, District- Patna ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Gayatri Prasad W/o Sachida Nand Kumar Sahani S/o Chhotelal Prasad, aged about 32 years, Resident of Budh Vihar Colony Block- B, Bhagwat Nagar, Kumhrar, P.S.- Agamkuan, District- Patna, at present Purainia, P.O.- Dihari, P.S.- Pipara, Punpun, District- Patna ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. G.K. Jha, Mr. Sushil Kumar Jha, Advocates For the Opposite Party/s :

Mr. Nirmal Kumar Sinha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 28-07-2021 Heard Mr. G.K. Jha, learned counsel for the petitioner and Mr. Nirmal Kumar Sinha, learned APP for the State through video conferencing.

The present application has been filed for restoration of Cr. Misc. No. 251/2020 which was dismissed for default due to non compliance of peremptory order dated 22.01.2020. Learned counsel for the petitioner submits that in compliance of order dated 22.01.2020, all the defects have been removed except receipt regarding service of notice upon OP No. 2.

Patna High Court CR. MISC. No.35823 of 2021(2) dt.28-07-2021 2/2 Learned counsel next submits that now the receipt regarding service of notice upon OP No.2. has already been filed.

For the reasons stated in the present application, Cr. Misc. No. Cr. Misc. No. 251/2020 is restored to its original file. Accordingly, this application is allowed.

(Anil Kumar Sinha, J) perwez U T