Patna High CourtCR. MISC./88832/2024allowed

Kumari Sujata @ Sujata Kumari @ Sujata v. The State Of Bihar

2026-03-11Mr. Justice Bibek Chaudhuri2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.88832 of 2024 In CRIMINAL MISCELLANEOUS No.35813 of 2018 Arising Out of PS. Case No.-891 Year-2013 Thana- BEGUSARAI COMPLAINT CASE District- Begusarai ====================================================== 1.

Kumari Sujata @ Sujata Kumari @ Sujata Wife of Basant Kumar, D/O- Sri Ram Bilash Singh Resident of Village- Musadpur, P.S.- Barauni, DistrictBegusarai 2.

Ram Bilash Singh Son of Late Geeta Singh Resident of Village- Musadpur, P.S.- Barauni, District- Begusarai 3.

Ashutosh Kumar Son of Sri Ram Bilash Singh Resident of VillageMusadpur, P.S.- Barauni, District- Begusarai ... ... Petitioner/s

Versus

The State of Bihar Patna 2.

Harishankar Kumar @ Hari Shankar Son of Ramakant Kumar Resident of Vill- Dahiya, P.S.- Bhagwanpur, District- Begusarai ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Braj Bhusan Poddar, Advocate For the Opposite Party/s :

Mrs. Asha Kumari, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE BIBEK CHAUDHURI ORAL ORDER 11-03-2026 I.A. No.01 of 2025 Heard learned Advocate on behalf of the petitioners.

2. This is an interlocutory application under Section 5 of the Limitation Act praying for condonation of delay by 01 month and 17 days in filing the application for restoration of Cr. Misc. No.85813 of 2018, which stood dismissed for nonprosecution by order dated 18.09.2024.

3. I have perused the averments made in the petition it appears to this Court that the petitioners were sufficiently

Patna High Court CR. MISC. No.88832 of 2024(3) dt.11-03-2026 2/2 prevented from filing the said application within the statutory period of limitation. Therefore, the application under Section 5 of the Limitation Act is allowed and delay is condoned.

4. For the reasons stated in the restoration application, the present restoration application is allowed and Cr. Misc. No. 85813 of 2018 is restored to its original file, subject to payment of cost of Rs.1,000/- to be paid by the petitioner to the Patna High Court Legal Services Committee.

5. Accordingly, the Cr. Misc. No. 88832 of 2024 stands disposed of.

(Bibek Chaudhuri, J) mdrashid/- U T