IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.10251 of 2008 Anju Devi, w/o Late Sunil Kumar, resident of Village- Chandpura, Post-Chandpura,(R.S.)P.S. Bidupur, District-Vaishali……………………………………………………….………Petitioner. Versus 1. The State of Bihar. 2. The District Magistrate, Vaishali. 3. The Additional District Magistrate, Vaishali. 4. The District Statistical Officer, Vaishali. 5. Patna Municipal Corporation through its Administrator………………………………………………………………….Respondents. ----------- For the petitioner: Mr. Sri Prakash Srivasatava, Advocate. For the State : Mr. Bhashkar Shankar, A.C. to G.P. 16. ---------- 2. 26.07.2011. Heard learned counsels for the petitioner and the State. The present writ application has been filed by the petitioner for a direction to the respondent authorities to grant death certificate of the husband of the petitioner who went traceless since September,2000 for which Gardanibagh P.S. Case No. 93 of 2001 was lodged under Section 364 of the Indian Penal Code. From the counter affidavit, it appears that the respondents have taken the plea that the petitioner never applied for issuance of death certificate of her husband. Let the petitioner file such application within a period of four weeks. 2 If such application is being filed by the petitioner then the authority will consider the same keeping in view that husband of petitioner is traceless since last more than ten years and presumption of death in law is about seven years. The authority may also consider the outcome of investigation of Gardanibagh P.S. Case No. 93 of 2001. With the above observation, this writ application is disposed off. U. K. ( Dinesh Kumar Singh, J)