Rajesh Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.79359 of 2019 In CRIMINAL MISCELLANEOUS No.42014 of 2019 Arising Out of PS. Case No.-2386 Year-2013 Thana- SARAN COMPLAINT CASE DistrictSaran ====================================================== RAJESH PRASAD Son of Mahatam Prasad Resident of Village - Bhagwanpur, P.S.- Bhagwanpur, Distt.- Siwan ... ... Petitioner/s

Versus

1.

THE STATE OF BIHAR 2.

Urmila Devi Daughter of Late Mundrika Prasad Resident of Village - Sahnawajpur, P.S.- Taraiya, District - Saran ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

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

Mr.Anish Chandra, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 24-02-2021 Heard learned counsel for the petitioner and learned APP for the State.

2. This application has been filed for restoration of Cr. Misc. No. 42014 of 2019 which stood dismissed for default due to non-compliance of the order dated 10.07.2019.

3. Learned counsel for the petitioner submits that due to compelling reasons, requisites for service of notice on O.P.No.2 could not be filed within time, but the same was filed after the expiry of stipulated period of one week on 20.11.2019.

4. For the reasons stated in the restoration petition, the prayer for restoration is allowed and Cr. Misc. No. 42014 of

Patna High Court CR. MISC. No.79359 of 2019(5) dt.24-02-2021 2/2 2019 is restored to its original file.

5. Office to proceed accordingly.

6. Cr. Misc. No. 79359 of 2019 stands disposed of. (Vikash Jain, J) HR/- U T