IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.40788 of 2009 RAJ NANDAN PRASAD @ MITHU son of Late Kalanand Prasad, resident of Madanpur, Police Station- Kajara, District- Lakhisarai… Petitioner. Versus 1. THE STATE OF BIHAR 2. Babita Sinha, daughter of Alakh Kumar Sinha @ Ghanshyam Babu resident of Ananpur, PS Laxmipur, District- Jamui. … Opp. Parties. ----------- 3. 29.09.2010 Having heard learned counsel for the petitioner as also on being satisfied that despite service of notice the opposite party no. 2 has not appeared, this Court in the light of uncontroverted facts asserted in the petition seeking revival and specially the criminal case filed by the opposite party no. 2 against the petitioner would allow the prayer made in this application and direct for revival of Cr. Misc. No. 25394 of 2007. Let. Cr. Misc. No. 25394 of 2007 be placed under the heading orders on 6.10.2010 at the top of the list. With the aforesaid observation and direction, this application is allowed. kanchan (Mihir Kumar Jha, J.)