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2008 DAILYLAW 1869 (PAT)

KALPANA KUMARI v. THE STATE OF BIHAR

CR. APP (DB)/264/2008 · 2026-05-06

Harish Kumar

Criminal Appealbody2008

Judgment text

Extracted from the PDF above. The PDF is authoritative.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL APPEAL (DB) No.264 of 2008 ====================================================== Kalpana Kumari, Wife Of Late Rupesh Mandal, R/O Village- Gachiya P.S. Dhoraliya, District-Banka. ... ... Appellant/s Versus The State Of Bihar ... ... Respondent/s ====================================================== Appearance : For the Appellant/s : Mr.Awadhesh Kr.Singh, Advocate For the Respondent/s : Mr.D.K.Sinha, APP ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) 3 06-05-2026 Perused the Letter No. 737 dated 02.05.2026 of the Superintendent of Police, Banka along with the report dated 28.04.2026 of the Sub-Inspector, Rajoun P.S., wherein it is indicated that during enquiry it came to light that the sole appellant, namely, Kalpana Kumari, is dead and the death certificate of the appellant is annexed with the said report. 2. In view of the said report as also section 394 of the Code of Criminal Procedure, 1973, which corresponds to section 435 of the Bharatiya Nagarik Suraksha Sanhita, 2023, since no near relative has filed any application for leave to continue the appeal, the Criminal Appeal stands abated and disposed of. 3. Let the trial court record be sent back to the Patna High Court CR. APP (DB) No.264 of 2008(3) dt.06-05-2026 2/2 concerned court immediately, if not required in any other cases. guddukr/- (Sangam Kumar Sahoo, CJ) ( Harish Kumar, J) U T