Patna High Court
Surunga Devi @ Suranga DeviversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- PURNENDU SINGH
Holding
The restoration application is allowed and the dismissed criminal miscellaneous case is restored to its original file.
Summary
Surunga Devi and Dev Kumar filed a criminal miscellaneous petition (No.160/2020) against the State of Bihar and Kumari Nikki, which was dismissed for non‑prosecution on 12‑12‑2025. The petitioners subsequently filed a restoration application (Cr. Misc. No.5791 of 2026) seeking to revive the dismissed case. The learned counsel for the petitioners assured the court of his presence for further proceedings. The court examined the restoration application and the accompanying affidavit, and found no impediment to reinstating the case. Accordingly, the court ordered that the dismissed criminal miscellaneous case be restored to its original file, allowing the restoration application.
Issues considered
- What is the appropriate legal basis for restoring a criminal miscellaneous case dismissed for non‑prosecution?
Subjects
- restoration of criminal case
- non‑prosecution
- criminal miscellaneous proceedings
- procedural law
- High Court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.5791 of 2026
In
CRIMINAL MISCELLANEOUS No.160 of 2020
Arising Out of PS. Case No.-383 Year-2016 Thana- PATNA COMPLAINT CASE District-
Patna
======================================================
1. Surunga Devi @ Suranga Devi W/o Late Mahanand Singh Resident of
Village - Manipura, P.S.- Phulwarisarif, Distt.- Patna
2. Dev Kumar S/o Late Mahanand Singh Resident of Village - Manipura, P.S.-
Phulwarisarif, Distt.- Patna
... ... Petitioner/s
Versus
1. The State of Bihar
2. Kumari Nikki D/o Shri Manu Lal Singh R/o vill - Pali Halt, P.S.- Bihta,
Distt.- Patna
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Kumari Sujata Sinha, Advocate
For the Opposite Party/s : Mr. Akshay Lal Pandit, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
ORAL ORDER
2 30-01-2026 Heard learned counsel appearing on behalf of the
petitioners and learned APP for the State.
2. The petitioners seek restoration of Cr. Misc.
No.160/2020 which stood dismissed for non-prosecution vide
order dated 12.12.2025.
3. Learned counsel appearing on behalf of the
petitioners informs that he will be careful onwards and will be
present on the date fixed, so that no inconvenience be caused to
the Court.
4. In view of the information and pleadings made in
Patna High Court CR. MISC. No.5791 of 2026(2) dt.30-01-2026
2/2
the restoration application and the affidavit, the Cr. Misc. No.
160/2020 is restored to its original file.
5. The restoration application stands allowed.
(Purnendu Singh, J)
Niraj/-
U
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