Gayatri Bandana And ORS v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.40245 of 2016 ======================================================

1. Gayatri Bandana, D/o late Ram Naresh Sharma

2. Ravi Shankar @ Mantu, son of late Ram Naresh Sharma

3. Soni Kumari, D/o late Ram Naresh Sharma

4. Asha Devi, wife of late Ram Naresh Sharma

5. Ranjan Kumar, son of Bindeshwar Sharma All residents of village - Jalalpur, P.S.- Dhanarua, District - Patna. .... .... Petitioners

Versus

1. The State of Bihar.

2. Pawan Kumar son of late Bamdeo Sharma resident of Muhalla Nai Godown Maharani Road Bharthu Bhawan, P.S. Kotwali, Dist - Gaya. .... .... Opposite Parties ====================================================== Appearance :

For the Petitioner/s : Mr. Gauri Shankar Prasad, Advocate For the Opposite Party/s : Mr. Ashok Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 2 05-10-2016 This application under Section 482 of the Code of Criminal Procedure has been filed for restoration Cr. Misc. No. 30860 of 2013 which stood dismissed due to non-appearance of the counsel on 2nd August, 2016.

It is submitted by the learned counsel for the petitioners that on 2nd August, 2016 when the case was called out, he was arguing another case before another Court

Patna High Court Cr.Misc. No.40245 of 2016 (2) dt.05-10-2016 2 / 2 and, as such, he failed to appear before the Court. It is further submitted that there is no deliberate laches on the part of the counsel for the petitioner.

Regard being had to the submissions made at the Bar, the application is allowed.

Let Cr. Misc. No. 30860 of 2013 is restored to its original file.

(Ashwani Kumar Singh, J.) Sanjeet/- U T