Bikau Rai @ Bikau Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.46731 of 2019 In CRIMINAL APPEAL (SJ) No.4139 of 2018 Arising Out of PS. Case No.-58 Year-2015 Thana- SC/ST District- Sitamarhi ====================================================== 1.

Bikau Rai @ Bikau Yadav Son of Tula Rai 2.

Jitendra Rai Son of Tula Rai 3.

Loha Singh @ Rajgir Rai Son of Late Bawichan Rai All Resident of Village - Posua, P.S.- Riga, District - Sitamarhi ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ashok Kumar Jha, Advocate For the Opposite Party/s :

Mr. Syed Mojibur Rahman, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 21-08-2019 Cr. Appeal (SJ) No.4139 of 2018 was dismissed for non-compliance of peremptory order 21.12.2018. For substantial justice, the dismissal of Cr. Appeal (SJ) No. 4139 of 2018 is hereby set aside and the aforesaid criminal appeal is ordered to be restored to its original file with condition that the petitioner would deposit Rs.250/- in the Victim Compensation Fund. Two weeks' further time is allowed for removal of the defects.

Accordingly, the application stands allowed.

(Birendra Kumar, J) Mkr./- U