IN THE HIGH COURT OF JUDICATURE AT PATNA CR. WJC No.519 of 2008 SHIV KUMARI DEVI Versus THE STATE OF BIHAR & ORS ----------- For the Petitioners : For the Respondents : Mr. A. Amanullah, Standing Counsel- XVII Mr. J.G. Khan, Junior Counsel to Standing Counsel-XVII ------------- P R E S E N T Hon'ble the Chief Justice & Hon'ble Mr. Justice Kishore K. Mandal ---------- Dated, the 25th July, 2008. This writ petition has been suo motu registered on the basis of letter sent by one Smt. Sheokumari Devi, wife of Laldeo Yadav. 2. It appears that Laldeo Yadav has been convicted for the offences punishable under Sections 302 and 34 of the Indian Penal Code and Section 27 of the Arms Act and has been sentenced to undergo imprisonment for life. In the letter, Smt. Sheokumari Devi has said that her husband has already suffered sentence for about 20 years but still he has not been released by granting remission. 3. Counter affidavit has been filed by respondent no.3. In paragraph 4, 5 and 6 thereof, the following statement has been made: - “4. That the petition of Smt. Shiv Kumari Devi has - 2 - been taken for institution of this case suo-motu by Hon’ble High Court, the petition is in regard of the release of her husband Laldeo Yadav from Jail who is serving life imprisonment as convict prisoner being sentenced in Bikram P.S. Case No.7 of 1984 under sections 302/34 of the Indian Penal Code and 27 of Arms Act, by Additional District Judge, 10th, Patna in S.T. No. 223 of 1986. 5. That it is submitted that directives have been given by Law Department in regard to the release of prisoners serving life imprisonment vide memo no.2939 dated 29.6.2007 and no.5225 dated 19.9.2007. According to this directive, any decision regarding the release of such prisoners from Jail shall be taken by the State Government or by the State Sentence Remission Board constituted by the State Government. 6. That the name of the prisoner Laldeo Yadav was forwarded by the Superintendent, Camp Jail, Phulwarsharif having completed 14 years of actual confinement for pre-mature release from the Jail. His case was put before the State Sentence Remission Board. The Board considered his case in its meeting dated 26.5.2008 and after due deliberations, has recommended for the rejection of the proposal of premature release of Sri Laldeo Yadav.” 4. It thus transpires that the petitioner’s case has been examined by the State Sentence Remission Board and the proposal for pre-mature release has been rejected. 6. We find no justification in passing any further order in the matter. 7. The writ petition is disposed of accordingly. R. M. Lodha, CJ Kishore K. Mandal, J Pawan/-