Binod Yadav And ANR v. The State Of Bihar Through The Secretary, Department Of Law And Justice, Government Of Bihar, Patna

Patna High Court Cr.Misc. No.56502 of 2017 (2) dt.22-11-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.56502 of 2017 ======================================================

1. Binod Yadav son of Late Nathu Yadav

2. Lilawati Devi wife of Binod Yadav Both residents of Village - Hirahiya, Police Station - Rahul, District - Nalanda. .... .... Petitioners

Versus

1. The State of Bihar through the Secretary, Department of Law and Justice, Government of Bihar, Patna.

2. The District Magistrate, Biharsharif.

3. The Sub Divisional Officer cum Sub Divisional Magistrate, Biharsharif.

4. Mr. Sunil Kumar son of Lakho Sao resident of Village - Kathal Tola, Police Station - Sohsarai, District - Nalanda..... .... Opposite Parties. ====================================================== Appearance :

For the Petitioner/s : Mr. Aparna Bharti, Adv. For the Opposite Party/s : Mr. Mr. Manoj Kumar, APP. ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 22-11-2017 Heard learned counsel for the parties.

Cr.W.J.C.No.907 of 2016 was dismissed for nonprosecution on 02.11.2017. The present application is for setting aside the dismissal and restoration of Cr.W.J.C.No.907 of 2016 to its original file.

After hearing the petitioner as well as the State Counsel and finding substance in the explanation for nonappearance, let the dismissal be set aside and Cr.W.J.C aforesaid be restored.

Accordingly, this application stands allowed. (Birendra Kumar, J) Nitesh/- U T