Bihari Das v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.76064 of 2023 In CRIMINAL REVISION No.1016 of 2017 Arising Out of PS. Case No.- Year-0 Thana- District- ====================================================== 1.

BIHARI DAS SON OF LATE SUDAMI DAS RESIDENT OF VILLAGE -MIRZAFRI, POLICE STATION -KHARIK DISTRICT -BHAGALPUR 2.

NAND KISHORE DAS SON OF LATE SUDAMI DAS RESIDENT OF VILLAGE -MIRZAFRI, POLICE STATION -KHARIK DISTRICT -BHAGALPUR 3.

FEKNI DEVI DAUGHTER OF LATE SUDAMI DAS RESIDENT OF VILLAGE - KANAIYA CHAK, PS- PARBATTA, DISTT- KHAGARIA 4.

RAJMANI DEVI WIFE OF LATE KALESHWAR DAS RESIDENT OF VILLAGE -MIRZAFRI, POLICE STATION -KHARIK DISTRICT -BHAGALPUR 5.

ARUN DAS SON OF LATE KALESHWAR DAS RESIDENT OF VILLAGE -MIRZAFRI, POLICE STATION -KHARIK DISTRICT -BHAGALPUR 6.

BARUN DAS SON OF LATE KALESHWAR DAS RESIDENT OF VILLAGE -MIRZAFRI, POLICE STATION -KHARIK DISTRICT -BHAGALPUR 7.

BINA DEVI DAUGHTER OF LATE KALESHWAR DAS RESIDENT OF VILLAGE -MIRZAFRI, POLICE STATION -KHARIK DISTRICT -BHAGALPUR 8.

RINA DEV DAUGHTER OF LATE KALESHWAR DAS RESIDENT OF VILLAGE -MIRZAFRI, POLICE STATION -KHARIK DISTRICT -BHAGALPUR 9.

PRITY KUMARI DAUGHTER OF LATE KALESHWAR DAS RESIDENT OF VILLAGE -MIRZAFRI, POLICE STATION -KHARIK DISTRICT -BHAGALPUR 10.

BHIM DAS SON OF LATE KANIK DAS RESIDENT OF VILLAGE -MIRZAFRI, POLICE STATION -KHARIK DISTRICT -BHAGALPUR ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

NAWAL DAS SON OF LATE FUCHO DAS RESIDENT OF VILLAGE -MIRZAFRI, POLICE STATION -KHARIK DISTRICT -BHAGALPUR 3.

FANNI DAS SON OF LATE FUCHO DAS RESIDENT OF VILLAGE -MIRZAFRI, POLICE STATION -KHARIK DISTRICT -BHAGALPUR 4.

YOGENDRA DAS SON OF LATE FUCHO DAS RESIDENT OF VILLAGE -MIRZAFRI, POLICE STATION -KHARIK DISTRICT -BHAGALPUR ... ... Opposite Party/s

Patna High Court CR. MISC. No.76064 of 2023(3) dt.19-01-2024 2/2 ====================================================== Appearance :

For the Petitioner/s :

Mr.Brajesh Kumar Singh, Advocate For the Opposite Party/s :

Mr.Ram Sevak Choudhary, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 19-01-2024 1.

Heard learned counsel for the parties concerned. 2.

The present petition has been filed for restoration of a criminal revision bearing Cr.Rev. no. 1016 of 2017, which has stood dismissed on account of non prosecution vide order dated 29.08.2023.

3.

Learned counsel for the petitioners submits that due to illness of his father, he had gone to his native village on 27.08.2023 and therefore, he could not attend the case on 29.08.2023, hence, a sympathetic view may be taken and the aforesaid criminal revision be restored to its original file. 4.

Having regard to the facts and circumstances of the case, considering the submissions made by the learned counsel for the petitioners as also taking into account the averments made in the present petition, I deem it fit and appropriate to restore the aforesaid Cr.Rev. no. 1016 of 2017 to its original file. 5.

The present petition stands allowed.

(Anil Kumar Sinha, J) rinkee/- U T