Patna High Court

RAM PARI DEVIversusSTATE OF BIHAR

Decided: 8 May 2026
Disposal: ABATED
Bench: THE CHIEF JUSTICE HARISH KUMAR

Holding

The appeal stands abated and is disposed of as no near relative filed an application for leave to continue it.

Summary

The appellant, Ram Pari Devi, died during the pendency of a criminal appeal, as evidenced by a death certificate attached to a police report. The court examined the provisions of Section 394 of the Code of Criminal Procedure, 1973 (corresponding to Section 435 of the Bharatiya Nagarik Suraksha Sanhita, 2023), which require a near relative to apply for leave to continue an appeal after the appellant's death. No such application was filed. Consequently, the court held that the appeal could not proceed and was therefore abated. The trial court record was ordered to be sent back to the lower court. The appeal was thus disposed of without further hearing.

Issues considered

Whether a criminal appeal can continue after the appellant's death without an application for leave by a near relative under Sec. 394 CrPC/ Sec. 435 B.N.S. 2023?

Legislation cited

Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 435
Criminal Procedure Code — s. 394

Subjects

criminal appeal
abated appeal
death of appellant
Section 394 CrPC
procedural law

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                  CRIMINAL APPEAL (DB) No.1050 of 2009
                 ======================================================
                 Ram Pari Devi, W/O Late Dasarath Kewat, R/O Shyam Nagar, Lok Nagar,
                 P.S. and Distt. Jehanabad
                                                                               ... ... Appellant
                                                   Versus
                 The State of Bihar
                                                                             ... ... Respondent
                 ======================================================
                 Appearance :
                 For the Appellant/s    :      Mr.Birendra Kumar, Advocate
                 For the Respondent/s   :      Mr.A.K.Sinha, APP
                 ======================================================
                 CORAM: HONOURABLE THE CHIEF JUSTICE
                            and
                            HONOURABLE MR. JUSTICE HARISH KUMAR
                                               ORAL ORDER
                                (Per: HONOURABLE THE CHIEF JUSTICE)


6   08-05-2026                  Perused the letter no. 350 dated 03.05.2026 of the

                   Superintendent of Police, Jehanabad along with the report dated

                   01.05.2026 of the Police Inspector-cum-S.H.O., Town Police

                   Station, Jehanabad, which indicate that the sole appellant Ram

                   Pari Devi 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
           Patna High Court CR. APP (DB) No.1050 of 2009(6) dt.08-05-2026
                                                       2/2




                     appeal, the Criminal Appeal stands abated and disposed of.

                                  3. Let the trial court record be sent back to the

                     concerned court immediately, if not required in any other case.



                                          (Sangam Kumar Sahoo, CJ)


                                                 (Harish Kumar, J)
shailendra/-

U

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