Parwati Devi v. The State Of Bihar Through The Chief Secretary, Govt. Of Bihar, Patna And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Writ Jurisdiction Case No.176 of 2018 Arising Out of PS. Case No.- Year- Thana- District- Patna ====================================================== Parwati Devi, wife of Manager Rai, resident of village Dudhiya, P.S. Akilpur, Danapur, District, Patna ... ... Petitioner/s

Versus

1. The State Of Bihar Through The Chief Secretary, Govt. Of Bihar, Patna

2. The Home Secretary, Home Department, Govt. of Bihar, Patna

3. The D.G.P. Govt. of Bihar, Patna

4. The I.G. (Prison) Home Department, Govt. of Bihar, Patna

5. The Assistant I.G. (Prison), Home Department, Govt. of Bihar, Patna

6. The Jail Superintendent, Central Jail, Bhagalpur

7. The District Magistrate, Bhagalpur ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Dhananjay Mishra, Advocate For the Respondent/s : Mr. Ajay Kumar Sharma, A.C. to A.G.

====================================================== CORAM: HONOURABLE DR. JUSTICE RAVI RANJAN and HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL JUDGMENT (Per: HONOURABLE DR. JUSTICE RAVI RANJAN) Date : 15-01-2018 The defects are ignored.

This case is being disposed of at this stage with consent of the parties.

Heard.

Through this writ application, the petitioner claims that her husband, namely, Manager Rai, who is serving life sentence

Patna High Court Cr. WJC No.176 of 2018 dt.15-01-2018 2/3 in view of the judgment of conviction and order of sentence dated 31.07.1987 in connection with G.R. Case No.975/80, has completed his custody for more than 12 years and seeks direction for premature release in terms of Rule 483 of the Bihar Prison Manual, 2012 as it is contended that husband of the petitioner is 77 years old and is seriously ill. In fact he is not recognizing anybody also which would be apparent from Annexure 5, i.e, Bed-Head Tickets of the hospital. Having regards to the aforementioned facts and circumstances, this writ application stands disposed of with a direction to the respondents to examine the matter of the husband of the petitioner and if it is found that he has entitlement then his case should be considered in accordance with law and the matter should be sent to the Remission Board for its consideration in accordance with law. However, if the claim of the petitioner is not found tenable then a reasoned order would be required to be passed and a copy of the same should be supplied to the petitioner.

It is expected that the whole exercise would be completed by the respondent authorities within a period of three months from the date of receipt/production of a copy of this order so that the matter could be forwarded to the Bihar State Sentence

Patna High Court Cr. WJC No.176 of 2018 dt.15-01-2018 3/3 Remission Board for its consideration in accordance with law in its next meeting.

(Dr. Ravi Ranjan, J) ( Prakash Chandra Jaiswal, J) Sanjay/- AFR/NAFR NAFR CAV DATE NA Uploading Date 16.01.2018 Transmission Date NA