Shakuntala Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.16415 of 2021 In CRIMINAL MISCELLANEOUS No.6262 of 2020 Arising Out of PS. Case No.-2585 Year-2018 Thana- SIWAN COMPLAINT CASE DistrictSiwan ====================================================== 1.

SHAKUNTALA DEVI W/o- Motilal Vernwal Resident of VillageChitbisraw, P.S.- Guthani, District- Siwan. 2.

RADHESHYAM VERNWAL S/o Motilal Vernwal R/o Village- Chitbisraw, P.S.- Guthani, District- Siwan.

... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Anjani Devi, wife of Ramdhyan Vernwal, daughter of Shrawan Prasad, resident of Village Chhajawabalia P.S. Andar, District Siwan ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Gajendra Kumar Singh, Advocate For the State :

APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 17-03-2021 Heard learned counsel for the petitioners and learned APP for the State. Learned counsel for the petitioners has filed an undertaking to remove all defects pointed out by the Stamp Reporter as and when required. It is accordingly directed that all defects pointed out by the Stamp Reporter be removed within one month hereof.

2. The present petition has been filed for restoration of Cr. Misc. No. 6262 of 2020, which stood dismissed for default due to non-compliance of the order dated 03.03.2020 as also for modification of the order dated 03.03.2020 by extending the time granted for surrender and furnishing bail bonds by the petitioners before the learned Court below.

3. Learned counsel for the petitioners submits that owing to holi festival and lockdown due to Covid-19 pandemic,

Patna High Court CR. MISC. No.16415 of 2021(2) dt.17-03-2021 2/2 requisites for service of notice on O.P. No. 2 could not be filed within the stipulated time and the petitioners could not surrender before the learned Court below for furnishing bail bonds in terms of order dated 03.03.2020. It is further stated that the requisites for service of notice were filed on 18.09.2020.

4. Learned APP appears and has been heard.

5. For the reasons stated in the petition, the prayer for restoration is allowed and Cr. Misc. No. 6262 of 2020 is restored to its original file. The time granted to the petitioner for surrender and furnishing bail bonds before the learned Court below in terms of order dated 03.03.2020 in Cr. Misc. No. 6262 of 2020 is hereby extended by four weeks from today.

6. Office to proceed accordingly.

7. Cr. Misc. No. 16415 of 2021 stands disposed of.

8. Office shall follow-up to ensure that all defects are removed and compliance with the notices of this Court are made by the petitioner within the stipulated time provided in para 1 hereinabove, failing which the matter shall be brought to the notice of this Court.

(Vikash Jain, J) Chandran/- U T