Durgesh Ray @ Durgesh Rai vs The State Of Bihar & Anr.

Date : 20-08-2026

Heard learned counsel for the appellant, learned A.P.P. for the State and learned counsel for the complainant/Respondent No. 2.

At the outset, learned counsel for the appellant, submits that during pendency of this case, sole appellant, namely Durgesh Ray, has died on 13.07.2025. In support thereof, he has relied upon the death certificate dated 24.10.2025 issued by the Department of Medical and Health, Nagar Nigam Dashaswmedh Jone, Uttar Pradesh, a copy of which has been annexed as Annexure-P/1 to the supplementary affidavit.

In view of the aforesaid facts and circumstances of the case and also Section 394 of the Code of Criminal Procedure, which corresponds to Section 435 of the Bharatiya Nagarik Suraksha Sanhita, since no near relative has filed any application for leave to continue the appeal, this criminal appeal stands abated and disposed of.

Accordingly, let the trial court records be sent back to the concerned court immediately, if not required in any other case.