IN THE HIGH COURT OF JUDICATURE AT PATNA CR. REV. No.157 of 2006 NAVINA DEVI, wife of Sri Anil Kumar Mandal and daughter of Sri Kripanath Mandal, resident of village Sadhopur, P.S. Gopalpur, district Bhagalpur. …Petitioner Versus 1. THE STATE OF BIHAR 2. Anil Kumar Mandal, son of of Late Jay lal Mandal resident of village Pathia, P.S. Falka, District Katihar, presently working as a clerk in the office of Executive Engineer, Bikas Nagar, Katihar. ..Opposite parties For the petitioner: Mr. N. K. Agrawal,Sr. Advocate For O.P. No.2 :Mr.Bhola Prasad ----------- 06. 24.08.2010 Counsel for the petitioner submits that on one date, i.e. 28.12.2005 the applicant’s wife(petitioner herein) could not appear which resulted dismissal of the case. It is contended that on several dates prior thereto as also on that date the husband was not present. Learned counsel for O.P.No.2 does not dispute the aforesaid submission made on behalf of the petitioner. In that view of the matter, the order impugned dated 28.12.2005, passed in Misc. Case No.06/01 is quashed and set aside, subject to payment of a sum of Rs.200/- to the opposite party no.2 (husband) and/or depositing the same in the court within two weeks from the date of receipt/communication of this order in the court below. The application is allowed in the aforesaid terms. hr ( Kishore K. Mandal )