Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.17042 of 2012 ====================================================== Rajvanti Kuer, widow of late Sidheshwar Mishra, resident of village Sonbarsa, Police Station Charpokhari, district Bhojpur .... .... Petitioner/s Versus 1. The State Of Bihar through its Chief Secretary, Government of Bihar, Patna. 2. The Principal Secretary, Department of Home, Government of Bihar, Patna. 3. District Magistrate, Bhojpur(Ara) 4. Superintendent of Police, Bhojpur(Ara) 5. Office Incharge Charpokhari Police Station, District Bhojpur at Ara. .... .... Respondent/s ====================================================== Appearance : For the Petitioner/s : M/s. Ram Suresh Roy, Sr. Adv., Binod Kumar Singh, Advocate For the Respondent/s : Mr. Indrajeet Bhushan, AC to GP-2 ====================================================== CORAM: HONOURABLE MR. JUSTICE V.N. SINHA ORAL ORDER 2 13-09-2012 Heard learned counsel for the petitioner and the State. 2. Petitioner is the widow of late Sidheshwar Mishra who was done to death by the unknown criminals said to be member of CPI(ML) for which Charpokhari P.S. Case No.0084/95 dated 20.10.1995 was registered for the offence under [STATUTE] . Charge sheet dated 30.9.1996 was also submitted in the said case, F.I.R. and the charge sheet is contained in Annexures-1, 2 to this petition. By filing this writ petition petitioner has prayed for a direction to the State respondents to consider her case for grant of compensation in the light of the policy decision of the State Government issued from time to time to make payment to the widow of the deceased who Patna High Court CWJC No.17042 of 2012 (2) dt.13-09-2012 2/5 was killed by the extremists. One such resolution of the Government dated 20.12.2010 has been annexed as Annexure-8. Close perusal whereof indicates that even earlier such resolutions/circulars were issued. One such resolution referred therein is dated 12.01.2001. It appears in the light of the earlier resolutions petitioner applied for grant of compensation before the District Magistrate, Bhojpur at Ara. The request was considered by the district administration and recommendations were made to the Home (Special) Department, Bihar, Patna under letter no.171 dated 3.7.1998, Annexure-4 whereunder enquiry report(s) of the Block Development Officer, Officer in charge, post mortem report, character, income certificate of the deceased was forwarded to the Joint Secretary to the Government in the Home(Special) Department. The Government being not satisfied with the recommendation and the reports received under letter no.171 dated 3.7.1998 , Annexure-4 sought further clarification from the District Magistrate, Bhojpur under letter no.2502 dated 18.7.1998, Annexure-5 asking the District Magistrate, Bhojpur to clarify whether deceased was killed by the unknown criminals or by the extremists. In response to the clarification sought from the Government, District Magistrate sought required information from the Circle Officer, Charpokhari who submitted letter no.12 dated Patna High Court CWJC No.17042 of 2012 (2) dt.13-09-2012 3/5 8.1.2002, Annexure-6 stating that husband of the petitioner was killed in village Madhuri after he was kidnapped and his dead body was found sometime later, for which First Information Report No.84/95 was registered against unknown criminals of C.P.I.(ML). The report further stated that during the time of occurrence the area was within the control of the extremists and the extremist elements were responsible for the murder of the husband of the petitioner. The report further indicated that the deceased had one son and two daughters and that his general condition was ordinary. The report further stated that Hon’ble the Chief Minister and other Hon’ble Ministers had not announced or given any assurance for grant of compensation or service to the family members of the deceased. The report also indicated that the deceased had no criminal antecedent. Similar report was also submitted by the Officer in charge of the police station, which is addressed to the Additional Collector, Bhojpur and is dated 13.12.2002, Annexure-7 to this petition. 3. It is submitted with reference to the aforesaid documents that the authorities have not taken any decision in the light of the report dated 3.7.1998, 18.7.1998, 8.1.2002 and 13.12.2002, Annexures-4 to 7, as such, this Court should direct the authorities of the State to take decision about the entitlement of the Patna High Court CWJC No.17042 of 2012 (2) dt.13-09-2012 4/5 petitioner for grant of compensation in lieu of death of her husband at the hands of the unknown extremists of C.P.I.(ML). In support of the aforesaid submission learned counsel for the petitioner has relied on the judgment of the High Court in the case of Dharam Shila Kuer Vs. State of Bihar & Ors., 2002(3) PLJR 497 as also unreported order dated 20.6.2012 passed in C.W.J.C. No.5931 of 2005. 4. The occurrence for which compensation was allowed in the case of Dharam Shila Kuer(supra) took place on 5.5.1996 and the writ petition was filed in the year 1997 i.e. within reasonable time of the occurrence. In the unreported order dated 20.6.2012 also the case which was considered was brought to the High Court within a reasonable time of the date of occurrence i.e. 31.5.1998 by filing C.W.J.C. No.5931 of 2005. In the present case, the occurrence having taken place on 20.10.1995 request for compensation was made before the authorities within reasonable time i.e. in the year 1996-97-98 and the matter was pursued until 2002, as would appear from Annexures-4 to 7, but thereafter on account of indifference of the authorities petitioner lost hope and gave up her claim for compensation. Recently she learnt about the order dated 20.6.2012 passed in C.W.J.C. No.5931 of 2005 and came to this Court for a direction to the respondents to consider Patna High Court CWJC No.17042 o

Applicable IPC Section: 364

Statute Text:
Section 364 of the Indian Penal Code. Kidnapping or abducting in order to murder. Whoever kidnaps or abducts any person in order that such person may be murdered or may be so disposed of as to be put in danger of being murdered, shall be punished with imprisonment for life or rigorous imprisonment for a term which may extend to ten years, and shall also be liable to fine.