IN THE HIGH COURT OF JUDICATURE AT PATNA CR. WJC No.950 of 2009 SUNIL KUMAR SINGH Versus STATE OF BIHAR & ORS ----------- 8. 27.7.2010. Heard counsel for the petitioner and counsel appearing for the State. The prayer of the petitioner is for direction to respondents no.2 and 4 to release him from custody, as he has already completed more than 15 years and nine months. Petitioner was convicted for offence under Sections 376 and 396 of the IPC and sentenced R.I. for life. His conviction was affirmed up to the Apex Court. Initially, he had been taken into custody, in the year 1983 and released after remaining in custody for two years 11 months and six days. Thereafter, again he was taken into custody in the year 1996 and still continuing in custody. Petitioner’s case is that, he is entitled for his premature release as provided under Section 432(2) of the Cr.P.C., and in the light of the notification issued by Home (Special) Department, Govt. of Bihar dated 10.12.2002, issued in exercise of powers conferred under Section 59 of the Prisoner Sections 1984, bringing amendment in Sections 529 of the Bihar Jail Manual. This notification provides for - 2 - criteria for eligibility and ineligibility for providing benefit of remission of the period of sentence and premature release, by the Bihar State Remission Board. The counter affidavit has been filed on behalf of the respondent/state, wherein it has been stated that the petitioner is not eligible for his premature release in terms of eligibility criteria provided under Rules. He comes within the purview of ineligibility criteria, on account of his conviction under Sections 376, 396 of the I.P.C. The prisoners convicted under heinous offences such as rape, dacoity and terrorists activities have been put under the ineligibility criteria for remission of the sentences. Considering the fact that petitioner’s case does not come within the purview of the eligibility criteria for remission of his sentence, no direction can be issued to the respondent for consideration of the petitioner’s case for allowing this benefit. This application is dismissed. B.Kr. ( Mridula Mishra,J. ) ( Dharnidhar Jha, J. )