Ritesh Kumar @ Siya Saran Yadav @ Siya Sharan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.32529 of 2023 In CRIMINAL REVISION No.296 of 2018 Arising Out of PS. Case No.- Year-0 Thana- District- Madhepura ====================================================== Ritesh Kumar @ Siya Saran Yadav @ Siya Sharan, aged about 38 years, Male, S/O Natho Yadav, R/O Village- Chikni Fulkaha, P.O- Fulkaha, P.SGamhariya, Distt.- Madhepura. ... ... Petitioner
Versus
1.
The State of Bihar.
2.
Bibha Devi @ Bibha Kumari, W/O Ritesh Kumar @ Siya Saran Yadav @ Siya Sharan, D/O Triveni Prasad Yadav, at present resident of VillageLaxminiya, P.S- Gamhariya, Distt.- Madhepura. ... ... Opposite Parties ====================================================== Appearance :
For the Petitioner :
Mr. Uday Chand Prasad, Advocate For the State :
Mrs. Shaheen Begum, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 02-12-2023 This matter has been listed under the heading 'For Orders (on office notes)'.
2. From perusal of the office notes dated 30.11.2023, it appears that the notices were issued upon the opposite party no. 2 under both process and the ordinary notice has been received by the brother of the opposite party no. 2 but jointness has not been filed. It has further been pointed out by the office that undelivered registered cover also received with report of the postal peon that "addressee not meet, so returned".
3. Considering the same, service of notice upon the
Patna High Court CR. MISC. No.32529 of 2023(4) dt.02-12-2023 2/2 opposite party no. 2 deemed to be validly served.
4. Heard learned counsel for the petitioner and learned A.P.P. for the State.
5. The present application has been filed on behalf of the petitioner for restoration of Cr. Rev. No. 296 of 2018 which was dismissed on 05.11.2019 for non-prosecution.
6. Considering the submissions as advanced on behalf of the petitioner and the grounds as stated in the application, the present restoration application is allowed and Cr. Rev. No. 296 of 2018 is restored to its original file.
(Chandra Prakash Singh, J) U.K./- U T