IN THE HIGH COURT OF JUDICATURE AT PATNA
Cr.Misc. No.39595 of 2008
MD. MANZOOR & ANR
Versus
STATE OF BIHAR & ANR
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04 20.07.2010 In spite of valid service of notice opposite party no.2
has not appeared to contest the case.
While assailing the order impugned, learned counsel for
the petitioners submits that the case would reflect prima facie a civil
dispute. It is also contended that the complainant and the accuseds are
closely related and there is a chance of compromise. Matter requires
consideration.
Admit.
Let fresh steps for service of notice on opposite party
no.2 be taken through ordinary process as well as registered cover
with A/D for which requisites etc. must be filed within a period of one
week, failing which this application shall stand rejected without further
reference to a Bench.
Rule is made returnable within a period of 06 months.
It is made clear that during the pendency of this
application, operation of the impugned order dated 10.07.2008 passed
in Tr. No. 2901 of 2008 (Arising out of Complaint case no. C.155 of
2008) pending in the Court of Judicial Magistrate Ist Class, Sikrahna at
Motihari, Dist. East Champaran shall remain stayed.
Sym ( Kishore K. Mandal, J.)