Raju Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.28622 of 2019 In CRIMINAL MISCELLANEOUS No.80624 of 2018 Arising Out of PS. Case No.-1346 Year-2017 Thana- BEGUSARAI COMPLAINT CASE District- Begusarai ====================================================== RAJU RAI Son of Vaishakhi Roy Resident of Village- Jayanagar, P.S.- Barauni, District- Begusarai.

... ... Petitioner/s

Versus

1.

THE STATE OF BIHAR 2.

Jaimala Devi Wife of Raju Rai, D/O Ram Sharan Mahto Resident of VillageSujja, P.S.- Muffasil, District- Begusarai. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Randhir Kumar No.1 For the Opposite Party/s :

Mr.Amitesh Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 01-05-2019 By way of the present restoration application, petitioner seeks to restore the Cr. Miscellaneous No. 80624 of 2018, which stood dismissed for non prosecution vide order dated 16.04.2019.

Submission of learned counsel for the petitioner that due to communication gap, the could not attend the court on the date when the case was fixed and there is no willful or deliberate laches on the part of the petitioner. Having considered the averments made in restoration application as well as the submission of learned counsel for the petitioner, Cr. Miscellaneous No. 80624 of 2018 is restored to

Patna High Court CR. MISC. No.28622 of 2019(2) dt.01-05-2019 2/2 its original position subject to the cost of Rs. 5,00/- to be deposited by the petitioner in Patna High Court Legal Services Committee, Patna by 10.05.2019.

With the aforesaid direction, this application is allowed.

(Vinod Kumar Sinha, J) sunilkumar/- U T