IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.46063 of 2009 SAMIMA KHATOON wife of Saukat Ali, resident of Mohalla- Bhabhua, Ward no.10, P.S.-Bhabhua, Distt.-Kaimur at Bhabhua--------- ------------------------------------------------------------------Petitioner. Versus 1. STATE OF BIHAR 2. Sariful Ansari, son of Mustafa Julfekar 3. Aslam Ali 4. Akhal Ansari O.P. no.3 and 4 are sons of Sariful Ansari 5. Mumtaj Ali, daughter of Sariful Ansari 6. Rajiya Begum, wife of Sariful Ansari All above (opposite Party nos. 2 to 6) are residents of Ward no.8 Bhabhua, P.S.-Bhabhua, Distt.-Kaimur at Bhabhua--------------------------Opp. Parties. ---------- 2. 23.12.2009 This application has been filed for restoration of Cr. Misc. no.37433 of 2009 which was dismissed for default on 26.10.2009. It is stated in the restoration application that learned counsel for the petitioner had gone to pilgrimage with his 70 years old mother and instructed his advocate’s clerk to get the case attended. But due to improper marking in the list he failed to attend the case in time and it was dismissed for default. Considering the ground stated, the restoration application is allowed and Cr. Misc. no.37433 of 2009 is restored to its original file. Sudip ( Mandhata Singh, J. )