Binay Bikash @ Mantu v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.43993 of 2018 ======================================================

1. Binay Bikash @ Mantu, son of Binay Kumar Gupta, resident of Village- Ganaut, Police Station- Pasraha, District- Khagaria, At present Mohalla- Rajendra Nagar, Siwan, Police Station- Siwan Town, DistrictSiwan. .... .... Petitioner/s

Versus

1. The State of Bihar.

2. Annu Bharti @ Pratima, wife of Binay Bikash, resident of VillageGanaut, Police Station- Pasraha, District- Khagaria, at present MohallaNaya Nagar Banni, Police Station- Maheshkhunt (Gogra), DistrictKhagaria. .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Ajay Kumar Tiwary, Advocate For the Opposite Party/s : Mr. Khurshid Anwar, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 26-09-2018 Heard learned counsel for the petitioner and learned counsel for the State.

This application under Section 482 of the Code of Criminal Procedure has been filed by the petitioner for restoration of Cr. Misc. No. 48357 of 2016 which was dismissed for want of prosecution on 29.01.2018.

It is contended by the learned counsel for the petitioner that by mistake the case could not be marked in the cause list and as such he did not attend the court.

Patna High Court Cr.Misc. No.43993 of 2018 (2) dt.26-09-2018 2/2 Considering the facts and circumstances of the case and the submissions made by the learned counsel for the petitioner, prayer is allowed.

Cr. Misc. No. 48357 of 2016 is directed to be restored to its original file.

(Ashwani Kumar Singh, J) Md.S./-Sanjeev U T