IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.13061 of 2000 MOSTT. PATIA DEVI, Wife of Late Gonaur Paswan, Resident of vill. Dighi Kala, P.S. Hajipur, Sadar, Distt. Vaishali. . . . . . . Petitioner. Versus 1. THE STATE OF BIHAR through Chief Secretary, Govt. of Bihar, Patna. 2. Inspector General of Prisons, Bihar, Patna. 3. The Jail Superintendent, District Jail, Vaishali at Hajipur. 4. The Jail Doctor, District Jail, Vaishali at Hajipur. 5. The District Magistrate, Vaishali at Hajipur. . . . . . Respondents. ----------- 7/ 20.11.2009 Heard learned counsel for the petitioner and the State. In the instant writ application, the petitioner prays for commanding the respondents to pay compensation of Rs. 3,00,000/- (Three lakhs) on account of the custodial death of her husband due to negligence of jail authorities. The petitioner is widow of late Gonaur Paswan, who died in Hajpur Jail. It appears from the writ petition that petitioner was remanded to judicial custody on 17.03.1997 under Sections 341, 302/34 of the Indian Penal Code and he died on 02.03.2000. The petitioner submits that her husband was a mason and earning a sum of Rs. 150/- per day and after his death, the family members of the petitioner is almost facing trouble. Learned counsel submits that her husband died on account of negligence of the jail doctor. She states that her husband used to complain of lack of proper treatment in the jail. She also alleged that no information was given to the petitioner about the death of her husband. A counter affidavit has been filed on behalf of respondent nos. 2, 3, and 4. It has been stated that in the morning of 02.03.2000 the petitioner’s husband suddenly fell ill and was treated by the jail - 2 - doctor immediately. The jail doctor advised that he be sent to Sadar Hospital, Hazipur for better treatment and on way to Sadar Hospital, Hazipur, he died. The petitioner states that the respondents said that the post- mortem report does not show any ante-mortem injury. It is further stated that all authorities including the District Magistrate, IIIrd Additional Sessions Judge, Hazipur, Inspector General of Prisons were informed about the death of her husband. A counter affidavit has been filed on behalf of the respondents denying that the husband of the petitioner was ill treated. It has further been stated that the post-mortem report also does not reveal any ante-mortem injuries. I am of the view that the petitioner may file a representation before the Inspector General of Prisons, who will examine whether custodial death took place due to negligence of Jail authorities. It will be open for the petitioner to represent to Home Secretary for payment of any Ex-gratia relief, if it is admissible under the law. With the aforesaid observation, this writ application is disposed of. Uday/ (Samarendra Pratap Singh, J.)