Amul Kumar @ Shyam Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.7439 of 2021 In CRIMINAL MISCELLANEOUS No.84636 of 2019 Arising Out of PS. Case No.-316 Year-2019 Thana- KHIJARSARAI District- Gaya ====================================================== AMUL KUMAR @ SHYAM KUMAR Son of Satendra Paswan Resident of Village- Pachmahala Police Station - Khizarsarai, District - Gaya. ... ... Petitioner/s

Versus

1.

THE STATE OF BIHAR 2.

Vibha Kumari Wife of Amul Kumar @ Shyam Kumar Resident of VillagePachmahala Police Station - Khizarsarai, District - Gaya. At present daughter of Bharat Paswan Resident of Village - Siparadih, Police Station - Beur, District - Patna.

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

For the Petitioner/s :

Mr.Umesh Kumar Singh For the Opposite Party/s :

Mr.Ashok Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 29-01-2021 The present petition has been filed for restoration of Criminal Misc. No. 84636 of 2019, which has stood dismissed on account of non-compliance of the peremptory order dated 19.12.2019.

The learned counsel for the petitioner has submitted that on account of unavoidable circumstances, the requisites could not be filed within the time granted by this Court. Having regard to the facts and circumstances of the case and considering the submission made by the learned counsel for the petitioner, I deem it fit and proper to direct for restoration of the aforesaid petition bearing Criminal Misc. No.

Patna High Court CR. MISC. No.7439 of 2021(2) dt.29-01-2021 2/2 84636 of 2019 to its original file subject to verification by the Registry as to whether the peremptory order dated 19.12.2019 has been complied with by the petitioner.

At this juncture, the learned counsel for the petitioner submits that in case the peremptory order has not been complied with, he be granted two weeks' time to comply with the same. Permission so sought is granted.

The present petition stands disposed off on the aforesaid terms.

(Mohit Kumar Shah, J) S.Sb/- U T