Banti Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.33848 of 2025 In CRIMINAL MISCELLANEOUS No.86258 of 2024 Arising Out of PS. Case No.-332 Year-2024 Thana- BANKA District- Banka ====================================================== Banti Kumar son of Ram Chandra Sah Resident Of Village- Lilagora, Ps -Banka, Dist- Banka ... ... Petitioner/s

Versus

1.

The State of Bihar.

2.

Sunita Devi Wife of Sandi Yadav Resident Of Village- Lilagora, PoDudhari, Ps -Banka, Dist- Banka. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Pankaj Kumar, Adv.

For the Opposite Party/s :

Mr.Madan Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 16-05-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The present application has been filed by the petitioner for restoration of Cr. Misc. No. 86258 of 2024 in which peremptory order dated 18.12.2024 was passed by this Court for issuance of notice upon the O.P. No.2 but, due to noncompliance of the same within the prescribed time as fixed by this Court, the same stood rejected on 03.01.2025.

3. Learned counsel for the petitioner submits that filing of the requisite by the petitioner beyond the stipulated period is not deliberate but, the same occurred due to mistake.

Patna High Court CR. MISC. No.33848 of 2025(2) dt.16-05-2025 2/2

4. For the reasons stated in this restoration application and the submissions made in support thereof, the present application is allowed and, as a consequence, the Cr. Misc. No. 86258 of 2024 stands restored to its original file.

5. The petition stands allowed.

(Rudra Prakash Mishra, J) rishi/- U T