Sudha Kumari @ Suhda Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.43971 of 2022 In CRIMINAL APPEAL (DB) No.1333 of 2017 Arising Out of PS. Case No.-29 Year-2014 Thana- SOHSARAI District- Nalanda ====================================================== Sudha Kumari @ Suhda Devi W/O Sri Ranjeet Patel Resident of villageMansur Nagar, P.S.- Sohasarai, District- Nalanda. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Binod Kumar Sinha, Advocate For the Opposite Party/s :

Mr.Atul Chandra, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE A. M. BADAR and HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER (Per: HONOURABLE MR. JUSTICE A. M. BADAR) 06-09-2022 This is an application for restoration of Cr. Appeal (DB) No.1333 of 2017 challenging conviction and resultant sentence imposed on the appellant.

Heard both sides.

It seems that as the learned counsel for the appellant failed to remove the office objections, the appeal was dismissed in default. When the appeal is challenging conviction and resultant sentence, it cannot be dismissed in default. Hence, the Cr.Appeal (DB) No.1333 of 2017 is restored to its original file by recalling the order dated 06.12.2017.

Learned counsel for the appellant undertakes to

Patna High Court CR. MISC. No.43971 of 2022(2) dt.06-09-2022 2/2 remove the office objections, if any, within a period of two weeks from today.

Accordingly, this application stands allowed. (A. M. Badar, J) ( Rajesh Kumar Verma, J) Nitesh/- U T