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Patna High CourtCR. MISC./81761/2019allowed

Prakash Raj @ Prakash Das v. The State Of Bihar

2020-01-22Mr. Justice Anil Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.81761 of 2019 In CRIMINAL MISCELLANEOUS No.51325 of 2019 Arising Out of PS. Case No.-568 Year-2015 Thana- COMPLAINT CASE District- Jamui ====================================================== Prakash Raj @ Prakash Das, Son of Ghanshyam Das Resident of VillageBeechgarha, Police Station- Chakai, District- Jamui. ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Usha Devi, W/o Prakash Raj @ Prakash Das, D/o Bharosi Das Resident of Village- Naihar Bojhayat, Police Station- Sono (Charka Patthar), DistrictJamui. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Akhauri Kamal Kishore Sahay For the Opposite Party/s :

Mr.Arun Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 22-01-2020 Heard Mr. Akhauri Kamal Kishore Sahay, learned counsel appearing on behalf of the petitioner and learned counsel appearing on behalf of the State.

The present application has been filed for restoration of Cr. Misc. No.51325 of 2019 which got dismissed for default due to non-compliance of the peremptory order. Learned counsel for the petitioner submits that the requisites for issuance of notice on Opposite Party No.2 were to be filed by 29th August, 2019 but due to inadvertence, the same could not be filed within time and has been filed on 24.09.2019 after some delay.

Patna High Court CR. MISC. No.81761 of 2019(2) dt.22-01-2020 2/2 After having heard learned counsel for the petitioner as well as learned counsel appearing on behalf of the State and taking into consideration the statement made in the restoration application, the same is allowed and Cr. Misc. No.51325 of 2019 is restored to its original file.

Accordingly, the office is directed to accept the requisites for issuance of notice on Opposite Party No.2 which has been filed with some delay and the office is further directed to take steps for issuance of notice on Opposite Party No.2 in accordance with law.

(Anil Kumar Sinha, J) sanjeev/- U