Nawal Sharma And ORS v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.10305 of 2017 ======================================================

1. Nawal Sharma, son of late Yadubir Singh.

2. Urmila Devi, wife of Nawal Sharma both (1 & 2 Petitioners) R/o East Lohanipur, Pustakalaya, Lane Kadam Kuan, P.S.-Kadam Kuan, DistrictPatna.

3. Rozi Devi, wife of Santosh Sharma.

4. Santosh Sharma, son of Shambhu Singh Both (2 & 4 Petitioners) resident of East Lohanipur, Pustakalya Lane Kadam Kuan, Patna, P.S.-Kadam Kuan, District-Patna presently residing at Ashok Nagar, Road NO.8, P.S.- Kankarbagh, District-Patna.

5. Nikki Kumari, D/o Onkar Sharma @ Onkar Nath Sharma, wife of Barun Kumar, resident of East Lohanipur Pustakalaya Lane, P.S.-Kadam Kuan, District-Patna presently residing at village-Maghra, P.S.-Biharsharif, District-Nalanda.

.... .... Petitioner/s

Versus

1. The State of Bihar

2. Suman Devi, wife of Onkar Sharma, D/o Kedar Singh, resident of village-Babhangana, P.S.-Lakhisarai, District-Lakhisarai. .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Uma Shankar Sharma For the Opposite Party/s : Mr. Sri Anant Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 22-03-2017 Cr. Misc. No. 48044 of 2013 was dismissed for nonprosecution. On 30.01.2017 no one had appeared on behalf of the petitioners.

Prayer is for setting aside the dismissal and for restoration of the aforesaid Cr. Misc. No. 48044 of 2013 on the ground that learned counsel for the petitioners was busy in the marriage of his son scheduled in the first week of February, 2017. In the facts and circumstances, the dismissal is set

Patna High Court Cr.Misc. No.10305 of 2017 (2) dt.22-03-2017 aside and this application is allowed.

Let Cr. Misc. No. 48044 of 2013 be restored to its original file and number.

(Birendra Kumar, J) Arvind/- U