Smt. Shyam Sundari Devi v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.46194 of 2013 Arising Out of PS.Case No. -null Year- null Thana -null District- PATNA ======================================================== Smt. Shyam Sundari Devi, Aged about 72 years Wife of late Ramji @ Ramji Paswan C/o late Ramji @ Ramji Paswan, Son of late Badri Paswan, resident of LIG-11/362, Hanuman Nagar, Police Station Patrakar Nagar, District- Patna.

.... .... Petitioner

Versus

1. The State Of Bihar

2. Vigilance Department .... .... Opposite Parties ======================================================== Appearance :

For the Petitioner : Mr. Virendra Kumar, Sr. Advocate For the Opposite Parties : Mr. Ramakant Sharma, Sr. Advocate ======================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL JUDGMENT Date: 02-08-2017 Heard learned Senior counsel for the petitioners and learned counsel for the Vigilance. Learned Senior counsel fairly agrees at the Bar that there is a change in the situation after about seven years from the date of passing of the impugned order dated 05.07.2010. The accused Ramjee @ Ramjee Paswan died on 31.03.2017, and therefore, at this stage, if the charges were not framed or the trial could not be concluded against him during his life time, the same is not possible at this stage. So far as the question of release of the articles are concerned, in the opinion of this court, the

Patna High Court Cr.Misc. No.46194 of 2013 dt.02-08-2017 substituted petitioner, who is wife of the deceased accused, may file a fresh application and on filing of such application, the learned Special Judge, Vigilance, 1st, Patna shall take a fresh view of the matter and upon proper inquiry appropriate order shall be passed in accordance with law.

Accordingly, this application stands disposed of.

(Rajeev Ranjan Prasad, J.) Rajeev/- U T