Patna High Court
RAMAKBAI RAI @ RAM EKBAL RAIversusSTATE OF BIHAR
- Decided
- Disposal
- ABATED
Holding
The appeal stands abated and is disposed of under the applicable statutory provision.
Summary
The appellant, Ramakbai Rai, filed a criminal appeal but was reported dead by police and local authorities. No near relative filed an application for leave to continue the appeal. The court examined the police reports and death certificate and applied Section 394 of the Code of Criminal Procedure, 1973 (corresponding to Section 435 of the Bharatiya Nagarik Suraksha Sanhita, 2023), which provides for abatement of proceedings when the appellant dies and no relative seeks continuation. Consequently, the appeal was held to stand abated. The trial court record was ordered to be sent back to the concerned court. The appeal was thus disposed of.
Issues considered
- Whether a criminal appeal can continue when the appellant is deceased and no near relative applies for leave to continue?
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.89 of 2002
======================================================
Ramakbai Rai @ Ram Ekbal Rai, Son of Swaroop Rai, Resident of Village-
Dhamar, P.S.- Patory, Dist.- Samastipur.
... ... Appellant/s
Versus
The State of Bihar
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr. Ajay, Adv.
For the Respondent/s : Mr. Sujit Kumar Singh, APP
======================================================
CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE HARISH KUMAR
ORAL ORDER
(Per: HONOURABLE THE CHIEF JUSTICE)
3 12-05-2026 Perused the Report No. 887 dated 09.05.2026 of the
Superintendent of Police, Samastipur along with the Report
dated 08.05.2026 of the Sub-Inspector of Police, Shahpur Patory
Police Station, Samastipur as well as the Certificate of Death
dated 09.05.2026 of the Mukhiya of Gram Panchayat-Raj
Dakshini Ghanaun, Block- Patory, Samastipur; wherein it is
indicated that the sole appellant, namely, Ramakbai Rai @ Ram
Ekbal Rai, 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
Patna High Court CR. APP (DB) No.89 of 2002(3) dt.12-05-2026
2/2
disposed of.
3. Let the trial court record be sent back to the
concerned court immediately, if not required in any other cases.
(Sangam Kumar Sahoo, CJ)
(Harish Kumar, J)
shivank/-
U T
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