IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.45271 of 2026 In CRIMINAL MISCELLANEOUS No.30958 of 2018 Arising Out of PS. Case No.-5217 Year-2017 Thana- PATNA COMPLAINT CASE District- Patna ====================================================== 1. Ramlakhan Singh Son of Devdhari Singh R/o Vill.- Dabilgarh, P.s. and Dist.- Jamui, At Present R/o A-9, LIG, Ashiyana Nagar, Phase 1, P.s.- Rajiv Nagar, Dist.- Patna. 2. Seema Singh Wife of Ramlakhan Singh R/o Vill.- Dabilgarh, P.s. and Dist.- Jamui, At Present R/o A-9, LIG, Ashiyana Nagar, Phase 1, P.s.- Rajiv Nagar, Dist.- Patna. 3. Smita Gyan wife of Piyush Kumar R/o Daaliya 1704, Salarpuria Sattva Senorita Apartment, Sarajpur Road, P.s.- Bellandur, Dist.- Bangalore 560036 4. Piyush Kumar Son of Shiv Kumar, R/o Daaliya-1704, Salarpuria Sattva Senorita Apartment, Sarajpur Road, P.s.- Bellandur, Dist.- Bangalore 560036 ... ... Petitioner/s Versus 1. The State of Bihar 2. Jyotsana Gyan W/O Prashant Gyan, D/O Anil Kumar Singh R/O At Present Koiel Niwar, Opp. of Jalan Shop main road kankarbagh, P.s.- Kankarbagh, Dist.- Patna. ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Raja Ram Mishra, Advocate For the Opposite Party/s : Mr. Shantanu Kumar, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 2 03-07-2026 Heard learned counsel for the petitioners and learned A.P.P. for the State. 2. The present Cr. Misc. Application has been filed Patna High Court CR. MISC. No.45271 of 2026(2) dt.03-07-2026 2/3 under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 to restore the order dated 30.03.2026 passed by this Court in Cr. Misc. No. 30958 of 2018 which was dismissed for default due to non-prosecution. 3. Learned counsel for the petitioners submits that due to some confusion he could not appear before this Court and he tenders unconditional apology for any inconvenience caused to this Court. 4. Learned A.P.P. for the State submits that the stay in this case was granted on 03.08.2023 and after getting the order of stay in proceedings, the counsel for the petitioners deliberately did not appear in this case only to delay the trial. 5. This Court finds that earlier the stay in this case was granted vide order dated 03.08.2023 and it appears from the record that after getting the stay of proceedings in connection with Complaint Case No. 5217 (C) of 2017, no one appeared on behalf of petitioners on several occasions i.e. on 03.02.2026, 16.03.2026 and thereafter on 30.03.2026, accordingly, the case was dismissed for want of prosecution. 6. In view of the submission of learned counsel for the parties and on perusal of the records, no ground is made out for restoration of above noted criminal miscellaneous application, Patna High Court CR. MISC. No.45271 of 2026(2) dt.03-07-2026 3/3 accordingly, the same is dismissed. Koustav/Utkarsh (Sunil Dutta Mishra, J) U T