IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL APPEAL (SJ) No.4634 of 2025 Arising Out of PS. Case No.-215 Year-2024 Thana- KHIJARSARAI District- Gaya ====================================================== 1. Putul Devi W/o Ranjit Ram R/o Village - Chirauli, P.S.- Khizersarai, District- Gaya 2. Anshu Kumari D/o Injit Ram @ Ranjit Ram R/o Village - Chirauli, P.S.- Khizersarai, District- Gaya 3. Annu Kumari D/o Ranjit Ram R/o Village - Chirauli, P.S.- Khizersarai, District- Gaya 4. Chandan Kumar S/o Mithilesh Ram R/o vill - Alipur, P.S- Buniyadganj, Distt.- Gaya ... ... Appellant/s Versus 1. The State of Bihar 2. Gita Devi W/o Ashok Chaudhary R/o Village - Chirauli, P.S.- Khizersarai, District- Gaya ... ... Respondent/s ====================================================== Appearance : For the Appellant/s : Mr.Prithivi Raj Singh For the Respondent/s : Ms.Usha Kumari 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 3 06-07-2026 I.A. No. 1 of 2025 1. Heard learned counsel for the appellants and learned Spl. P.P. for the State, Ms. Usha Kumari No. 1. 2. Learned Spl. PP submits that initially the appellants had filed Cr. Appeal (SJ) No. 4191 of 2024 and the same was taken up on 24-9-2024 and notices were issued on respondent no. 2 and requisites for the notices were to be filed on or before 1-10-2024. It is next submitted that the order dated 24-9-2024 was a peremptory order. It is further submitted that the order Patna High Court CR. APP (SJ) No.4634 of 2025(3) dt.06-07-2026 2/3 dated 24-9-2024 in Cr. Appeal (SJ) No. 4191 of 2024 was not complied with as such the Cr. Appeal (SJ) No. 4191 of 2024 stood dismissed for default. It is also submitted that it appears that after 8 months, the appellant filed Cr. Misc No. 64942 of 2025 in Cr. Appeal (SJ) No. 4191 of 2024 seeking restoration of Cr. Appeal (SJ) No. 4191 of 2024, but then Cr. Misc No. 64942 of 2025 was permitted to be withdrawn by an order dated 12-9- 2025 with liberty to file Cr. Appeal (SJ) afresh. It is next submitted that in view of the liberty granted by order dated 12- 9-2025 in Cr. Misc No. 64942 of 2025, the instant Cr. Appeal (SJ) has been filed. 3. Learned Spl. PP further submits that altogether, there is a delay of 518 days in filing the appeal, which amply demonstrates that the appellants were not serious in pursuing the appeal, as such merely because liberty was granted to file an appeal afresh that in itself cannot be a ground for entertaining the appeal. 4. Learned counsel appearing on behalf of the appellants is not in a position to rebut the said submission of the learned Spl. PP. 5. Considering the submission made by learned Spl.PP, the Court is not inclined to entertain the limitation Patna High Court CR. APP (SJ) No.4634 of 2025(3) dt.06-07-2026 3/3 application as such the limitation application is dismissed, consequently the appeal also stands dismissed. Sumit/- (Satyavrat Verma, J) U T