Kumari Devi v. The State Of Bihar Through The Chief Secretary, Govt. Of Bihar, Patna.

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Writ Jurisdiction Case No.771 of 2023 Arising Out of PS. Case No.-15 Year-2006 Thana- SURYAPURA District- Rohtas ====================================================== KUMARI DEVI W/O SUBHASH SAH @ MUNNA SAH Resident of Village- Besi P.S.- Dinara, District- Rohtas. ... ... Petitioner/s

Versus

1.

THE STATE OF BIHAR THROUGH THE CHIEF SECRETARY, GOVT. OF BIHAR, PATNA. BIHAR 2.

THE SECRETARY HOME DEPARTMENT-CUM-CHAIRMAN, STATE SENTENCE REMISSION BOARD, BIHAR PATNA. BIHAR 3.

THE COMMISSIONER HOME SPECIAL, GOVT. OF BIHAR, PATNA. BIHAR 4.

THE INSPECTOR GENERAL (PRISION), GOVT. OF BIHAR, PATNA. BIHAR 5.

THE JAIL SUPERINTENDENT, KENDRIYA KARA, BHAGALPUR. BIHAR ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

None.

For the Respondent/s :

Mr. P.K Shahi (AG) ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH and HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER (Per: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH) 06-07-2023 The petitioner is a convict of commission of an offence punishable under Section 364-A of the I.P.C, and is undergoing sentence for imprisonment for life. She has filed the present criminal writ application for grant of remission in terms of the policy decision of the State Government and Law Department letter no. 550 dated 20.01.1984 amended vide memo no. 3106 dated 10.12.2002. The petitioner has relied upon

Patna High Court CR. WJC No.771 of 2023(2) dt.06-07-2023 2/2 an order of the Division Bench of this Court dated 25.06.2019 passed in Cr. W.J.C No. 792 of 2019 (Annexure-3). Considering the facts and circumstances of the present case, this criminal writ application is disposed of with a direction to the respondent no. 2 namely Secretary Home Department-Cum-Chairman, State Sentence Remission Board, Patna, Bihar, to consider the petitioner's claim in accordance with the relevant policy applicable for grant of remission on receipt of a certified copy of this order or otherwise pass an appropriate order preferably within three months from today. Accordingly, the present criminal writ application stands disposed of.

(Chakradhari Sharan Singh, J) (Nawneet Kumar Pandey, J) ranjan/kundanU