MEENA DEVI, WIFE OF JAI NANDAN MISHRA, RESIDENT OF VILLAGE GHORBANKI, P.S. BASOPATTI, DISTRICT MADUBANI Vs. THE STATE OF BIHAR THROUGH THE CHIEF SECRETARY, GOVERNMENT OF BIHAR, PATNA

JUDGEMENT

(1.) Heard learned counsel for the petitioner and learned counsel for the respondents.

(2.) By this writ petition, the petitioner seeks premature release of her husband from judicial custody where he has been serving out sentence of life imprisonment being convicted for an offence under Sec. 302 of the Indian Penal Code. She submits that her husband has completed more than 14 years of physical imprisonment and along with remission the total period would add upto 22 years. In view of the Rules and Regulations thereto, he is, accordingly, entitled to be released having undergone imprisonment for more than 20 years including remission.

(3.) The State has filed a counter affidavit stating that the State Sentence Remission Board considered the case of the petitioner's husband and even though all other conditions were fulfilled the report of the trial Court not being clear, his case was rejected seeking fresh report from the trial Court.