IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.86924 of 2024 In CRIMINAL MISCELLANEOUS No.46828 of 2024 Arising Out of PS. Case No.-115 Year-2024 Thana- HAJIPUR SADAR District- Vaishali ====================================================== Kunal kumar S/O Munna Rai @ Avatar Ray R/O Village- Sabalpur Hasti Tola, P.S- Sonepur, Distt.- Saran at Chapra. ... ... Petitioner/s Versus 1. The State of Bihar 2. Pawan Kumari W/O Umesh Pd. Yadav R/O Village- Gangapur, P.S- Mushari, Distt.- Muzaffarpur. ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Ranjit Kumar Thakur, Adv. For the Opposite Party/s : Mr.Ajit Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 2 17-01-2025 Heard learned counsel for the petitioner and counsel for the State. 2. The present application has been filed for restoration of Cr. Misc. No. 46828 of 2024 in which peremptory order dated 25.09.2024 was passed by this Court for issuance of notice upon the O.P. No.2 but, due to non-compliance of the same within the prescribed period, as fixed by this Court, the same stood dismissed for default. 3. Learned counsel for the petitioner submits due to illness of the Advocate’s clerk, the requisites for notice upon the O.P. No.2 could not be filed within time prescribed and Patna High Court CR. MISC. No.86924 of 2024(2) dt.17-01-2025 2/2 consequently, the case got dismissed for default. 4. For the reasons stated in this restoration application, the prayer made therein is allowed and, as a result, Cr. Misc. No. 46828 of 2024 is restored to its original file. 5. The petition stands allowed. rishi/- (Rudra Prakash Mishra, J) U T