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Patna High CourtCR. APP (SJ)/1685/2018abated

Niraj Thakur v. The State Of Bihar

2021-08-09Mr. Justice Partha Sarthy2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.1685 of 2018 Arising Out of PS. Case No.-152 Year-2016 Thana- BEGUSARAI TOWN District- Begusarai ====================================================== Niraj Thakur Son of Triveni Thakur, Resident of Mohalla- Macha, P.S. Mufassil, District- Begusarai.

... ... Appellant/s

Versus

The State of Bihar ... ... Respondent/s ====================================================== Appearance :

For the Appellant/s :

Mr. Rajendra Kumar Jain, Adv.

For the Respondent/s :

Mr. Shyed Ashfaque Ahmad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 09-08-2021 Heard learned counsel for the parties through video conferencing.

By order dated 12.4.2021 a report was called for from the learned Court below with respect to the death of the sole appellant Niraj Thakur.

A report contained in letter no.347 dated 22.4.2021 of the Additional Sessions Judge-II, Begusarai has been received. From perusal of the same it transpires that it has been reported by the Jail Superintendent Central Jail, Bhagalpur by his letter no.1597 dated 22.4.22 that convict Niraj Thakur died on 24.11.2020 at Jawahar Lal Nehru Medical College and Hospital, Bhagalpur, during course of treatment.

As per postmortem report enclosed with the said letter, in the opinion of the doctor, death appears to be natural due to

Patna High Court CR. APP (SJ) No.1685 of 2018(10) dt.09-08-2021 2/2 disease of lungs. It mentions that however histopathological report is awaited for further confirmation.

In view of the above, the instant appeal stands abated on the death of the sole appellant.

(Partha Sarthy, J) Bibhash U