Patna High Court
BIMLA DEVI @ KHEKHRI DEVIversusSTATE OF BIHAR
- Decided
- Disposal
- ABATED
Holding
The appeal is abated and disposed of because the appellant is deceased and no near relative has applied for leave to continue the appeal.
Summary
The appellant, Bimla Devi, filed a criminal appeal (DB) No.257 of 1997 before the Patna High Court. During the pendency of the appeal, the police informed the court that the appellant had died. The court examined the relevant provisions, namely Section 394 of the Code of Criminal Procedure, 1973 (now Section 435 of the Bharatiya Nagarik Suraksha Sanhita, 2023), which provide that an appeal abates if the appellant dies and no near relative seeks leave to continue it. Since no relative filed such an application, the court held that the appeal could not proceed. Consequently, the appeal was abated and the case was disposed of, with the trial court record to be sent back to the lower court.
Issues considered
- Does a criminal appeal abate upon the death of the appellant when no near relative applies for leave to continue the appeal under Section 394 CrPC (now Sec 435 BNS Act)?
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 435
- Code of Criminal Procedure, 1973 — s. 394
Subjects
- criminal appeal
- abated appeal
- death of appellant
- Section 394 CrPC
- Section 435 BNS Act
- procedural law
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (DB) No.257 of 1997
======================================================
Bimla Devi @ Khekhri Devi, W/o – Bhikru Yadav, R/o – Village – Bibiganj,
P.S.- Narpatganj, District – Araria.
... ... Appellant/s
Versus
The State Of Bihar
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr. Uday Bhanu Roy, Adv.
For the Respondent/s : Mr. Bipin Kumar, APP
======================================================
CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE HARISH KUMAR
ORAL ORDER
(Per: HONOURABLE THE CHIEF JUSTICE)
3 17-04-2026 Perused the Letter No. 662 dated 25.07.2025 of the
Superintendent of Police, Araria along with the Memo No. 1175
dated 23.07.2025 of S.H.O., Narpatganj Police Station, wherein
it is indicated that during enquiry it came to light that the sole
appellant, namely, Bimla Devi @ Khekri Devi, is dead.
2. In view of the said letter 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 appeal, the Criminal Appeal stands abated and
disposed of.
3. Let the trial court record be sent back to the
Patna High Court CR. APP (DB) No.257 of 1997(3) dt.17-04-2026
2/2
concerned court immediately, if not required in any other cases.
(Sangam Kumar Sahoo, CJ)
(Harish Kumar, J)
supratim/-
U T
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